Contract administration: means all functions, duties, and responsibilities associated with managing, overseeing, and carrying out a contract between a procurement unit and a contractor, including:
(a)
implementing the contract;
(b)
ensuring compliance with the contract terms and conditions by the conducting procurement unit and the contractor;
(c)
executing change orders;
(d)
processing contract amendments;
(e)
resolving, to the extent practicable, contract disputes;
(f)
curing contract errors and deficiencies;
(g)
terminating a contract;
(h)
measuring or evaluating completed work and contractor performance;
Family member: means a father, mother, husband, wife, son, daughter, sister, brother, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law. See Utah Code 63G-6a-2402
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Grant: means an expenditure of public funds or other assistance, or an agreement to expend public funds or other assistance, for a public purpose authorized by law, without acquiring a procurement item in exchange. See Utah Code 63G-6a-103
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
Public entity: means the state or any other government entity within the state that expends public funds. See Utah Code 63G-6a-103
(a)
It is unlawful for a person who has or is seeking a contract with or a grant from a public entity knowingly to give, or offer, promise, or pledge to give, a gratuity or kickback to:
(i)
the public entity;
(ii)
a procurement professional or contract administration professional; or
(iii)
an individual who the person knows is a family member of an individual described in Subsection (1)(a)(ii).
(b)
It is not unlawful for a public agency to give, offer, promise, or pledge to give a contribution to another public agency.
(c)
A person is not guilty of unlawful conduct under Subsection (1)(a) for:
(i)
giving or offering, promising, or pledging to give a contribution to a public entity, unless done with the intent to induce the public entity, in exchange, to:
(A)
award a contract or grant;
(B)
make a procurement decision; or
(C)
take an action relating to the administration of a contract or grant; or
(ii)
giving or offering, promising, or pledging to give something of value to an organization to which a procurement professional or contract administration professional belongs, unless done with the intent to induce a public entity, in exchange, to:
(A)
award a contract or grant;
(B)
make a procurement decision; or
(C)
take an action relating to the administration of a contract or grant.
(2)
(a)
It is unlawful for a procurement professional or contract administration professional, or a family member of either, knowingly to receive or accept, offer or agree to receive or accept, or ask for a promise or pledge of, a gratuity or kickback from a person who has or is seeking a contract with or a grant from a public entity.
(b)
An individual is not guilty of unlawful conduct under Subsection (2)(a) for receiving or accepting, offering or agreeing to receive or accept, or asking for a promise or pledge of a contribution on behalf of a public entity, unless done with the intent that the public entity, in exchange:
(i)
award a contract or grant;
(ii)
make a procurement decision; or
(iii)
take an action relating to the administration of a contract or grant.
(3)
Notwithstanding Subsections (1) and (2), it is not unlawful for a person to give or receive, offer to give or receive, or promise or pledge to give or ask for a promise or pledge of, a hospitality gift, if:
(a)
the total value of the hospitality gift is less than $10; and
(b)
the aggregate value of all hospitality gifts from the person to the recipient in a calendar year is less than $50.
(4)
A person who engages in the conduct made unlawful under Subsection (1) or (2) is guilty of:
(a)
a second degree felony, if the total value of the gratuity or kickback is $1,000 or more;
(b)
a third degree felony, if the total value of the gratuity or kickback is $250 or more but less than $1,000;
(c)
a class A misdemeanor, if the total value of the gratuity or kickback is $100 or more but less than $250; and
(d)
a class B misdemeanor, if the total value of the gratuity or kickback is less than $100.
(5)
The criminal sanctions described in Subsection (4) do not preclude the imposition of other penalties for conduct made unlawful under this part, in accordance with other applicable law, including:
(a)
dismissal from employment or other disciplinary action;
