63G-6a-2404.3. Dividing a procurement to avoid using a standard procurement process.
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/ut/title-63g/chapter-6a/63g-6a-2404-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/9/2017
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:
(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