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Section 2404.3 - Dividing a procurement to avoid using a standard procurement process.

UT Code § 63G-6a-2404.3 (2019) (N/A)
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(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.

(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.

(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.

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Section 2404.3 - Dividing a procurement to avoid using a standard procurement process.