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General Government | |
Utah Procurement Code | |
Section 422 | Exemptions from source selection and contract requirements -- Violation penalty. |
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63G-6-422. Exemptions from source selection and contract requirements --
Violation penalty. The policy board may, by rule, exempt a public procurement unit from the source selection and contract award provisions of this part, if it considers that to be in the best economic interest of the state. On projects where public funds or political subdivisions are involved, the owner shall follow the procedures outlined in the Utah Procurement Code when determining or selecting their agent or construction manager. However, no exemption shall be permitted that allows any political subdivision of this state to negotiate, enter into, or cause to be negotiated prior to open bidding for the prime contracting agent any predetermined agreement or arrangement which causes interference with the traditional fair competitive bidding process or the rights of employees under state and federal law. Any agreement or arrangement entered into in violation of this section is unenforceable and void ab initio and the parties to such an agreement or arrangement are subject to a class B misdemeanor penalty. This provision shall not apply to any political subdivision, agency, or department of this state, if, as a condition of a federal grant, there is a requirement that a schedule of predetermined wages be included in the contract.
Renumbered and Amended by Chapter 382, 2008 General Session |
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