Utah Code 63G-6a-2404.3. Dividing a procurement to avoid using a standard procurement process

63G-6a-2404.3. Dividing a procurement to avoid using a standard procurement process.

(1)

It is unlawful for a person knowingly to divide a single procurement into multiple smaller procurements if dividing the single procurement:

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:

Class	Prison	Fine
class A misdemeanor	up to 364 days	up to $2,500
class B misdemeanor	up to 6 months	up to $1,000

Person: means :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

Standard procurement process: means :

(a)	the bidding process;

(b)	the request for proposals process;

(c)	the approved vendor list process;

(d)	the small purchase process; or

(e)	the design professional procurement process. See Utah Code 63G-6a-103
(a)	is done with the intent to avoid the use of a standard procurement process that would have otherwise been required if the procurement had not been divided;

(b)	constitutes unlawful conduct under Subsection 63G-6a-506(8); or

(c)	is otherwise prohibited by this chapter.

(2)

A violation of Subsection (1) is:

(a)	a second degree felony, if the value of the procurement before being divided is $1,000,000 or more;

(b)	a third degree felony, if the value of the procurement before being divided is $250,000 or more but less than $1,000,000;

(c)	a class A misdemeanor, if the value of the procurement before being divided is $100,000 or more but less than $250,000; or

(d)	a class B misdemeanor, if the value of the procurement before being divided is less than $100,000.

Enacted by Chapter 348, 2017 General Session