Utah Code 63G-6a-2505. Debarment or suspension from consideration for award of contracts
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(1) The executive director may:
Terms Used In Utah Code 63G-6a-2505
- Contract: A legal written agreement that becomes binding when signed.
- Contract: means an agreement for a procurement. See Utah Code 63G-6a-103
- Department: means the Department of Health and Human Services. See Utah Code 63G-6a-2501
- Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
- Executive director: means the executive director of the department. See Utah Code 63G-6a-2501
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- Human services procurement item: means a procurement item used to provide services or support to a child, youth, adult, or family. See Utah Code 63G-6a-103
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Procurement: means the acquisition of a procurement item through an expenditure of public funds, or an agreement to expend public funds, including an acquisition through a public-private partnership. See Utah Code 63G-6a-103
- Procurement item: means an item of personal property, a technology, a service, or a construction project. See Utah Code 63G-6a-103
- Property: includes both real and personal property. See Utah Code 68-3-12.5
(1)(a) debar or suspend a person from consideration for an award of a contract for a human services procurement item for any amount of time in accordance with the process described in Subsection 63G-6a-904 (1); and
(1)(b) obtain the recommendation of the council before debarring or suspending the person.
(2) The council shall recommend that the executive director debar or suspend a person for an award of a contract for a human services procurement item if the person:
(2)(a) is convicted of a criminal offense:
(2)(a)(i) for actions taken to obtain or perform under a public or private contract;
(2)(a)(ii) for embezzlement, fraud, theft, forgery, bribery, falsification or destruction of records, or receiving stolen property; or
(2)(a)(iii) under Title 76, Chapter 10, Part 31, Utah Antitrust Act, or another antitrust law;
(2)(b) fails, without good cause, to perform in accordance with the terms of a contract with the department;
(2)(c) commits two or more violations of department rules made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(2)(d) violates this chapter;
(2)(e) poses a significant risk of harm to department clients or the department;
(2)(f) is barred or suspended from providing services to another governmental agency; or
(2)(g) takes another action that the council determines is fraudulent or substantially affects the person’s ability to perform under a contract with the department for a human services procurement item.