63G-6a-2407. Duty to report unlawful conduct.
| (1) |
As used in this section, “unlawful conduct” means:
Terms Used In Utah Code 63G-6a-2407- 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
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
conduct made unlawful under this part; or |
| (b) |
conduct, including bid rigging, improperly steering a contract to a favored vendor, exercising undue influence on an individual involved in the procurement process, or participating in collusion or other anticompetitive practices, made unlawful under other applicable law. |
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| (2) |
| (a) |
A procurement professional with actual knowledge that a person has engaged in unlawful conduct shall report the person’s unlawful conduct to:
| (i) |
the state auditor; or |
| (ii) |
the attorney general or other appropriate prosecuting attorney. |
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| (b) |
An individual not subject to the requirement of Subsection (2)(a) who has actual knowledge that a person has engaged in unlawful conduct may report the person’s unlawful conduct to:
| (i) |
the state auditor; or |
| (ii) |
the attorney general or other appropriate prosecuting attorney. |
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| (3) |
A procurement professional who fails to comply with the requirement of Subsection (2)(a) is subject to any applicable disciplinary action. |
Amended by Chapter 348, 2017 General Session
