Utah Admin. Code R354-15-104 - Unlawful Conduct - Exceptions - Classification of Offenses

(1)

(a) It is prohibited for a person who has or is seeking a Contract with or a Grant from the CRAU knowingly to give, or offer, promise, or pledge to give, a gratuity or kickback to:

(i) the CRAU;

(ii) a Procurement professional or Contract Administration professional; or

(iii) an individual who the person knows is a family member of an individual described in Subsection (1)(a)(ii).

(b) It is not unlawful for a public entity to give, offer, promise, or pledge to give a contribution to another public entity.

(c) A person is not guilty of prohibited conduct under Subsection (1)(a) for:

(i) giving or offering, promising, or pledging to give a contribution to the CRAU, unless done with the intent to induce the CRAU, in exchange, to:

(A) award a Contract or Grant;

(B) make a Procurement decision; or

(C) take an action relating to the administration of a Contract or Grant; or

(ii) giving or offering, promising, or pledging to give something of value to an organization to which a Procurement professional or Contract Administration professional belongs, unless done with the intent to induce a public entity, in exchange, to:

(A) award a Contract or Grant;

(B) make a Procurement decision; or

(C) take an action relating to the administration of a Contract or Grant.

(2)

(a) It is prohibited for a Procurement professional or Contract Administration professional, or a family member of either, knowingly to receive or accept offer or agree to receive or accept, or ask for a promise or pledge of, a gratuity or kickback.

(b) An individual is not guilty of prohibited conduct under Subsection (2)(a) for receiving or accepting, offering, or agreeing to receive or accept, or asking for a promise or pledge of a contribution on behalf of the CRAU, unless done with the intent that the CRAU, in exchange:

(i) award a Contract or Grant;

(ii) make a Procurement decision; or

(iii) take an action relating to the administration of a Contract or Grant.

(3) Notwithstanding Subsections (1) and (2), it is not prohibited for a person to give or receive, offer to give or receive, or promise or pledge to give or ask for a promise or pledge of, a hospitality gift, if:

(a) the total value of the hospitality gift is less than $10; and

(b) the aggregate value of any hospitality gifts from the person to the recipient in a calendar year is less than $50.

(4) A person who engages in the conduct prohibited under Subsection (1) or (2) may be punished for such conduct, including:

(a) dismissal from employment, cancellation of the Contract to provide Procurement services, or other disciplinary action;

(b) disbarment;

(c) requiring the public officer or employee to return the value of the unlawful gratuity or kickback; and

(d) any other civil penalty provided by law.

Notes

Utah Admin. Code R354-15-104

Adopted by Utah State Bulletin Number 2022-02, effective 12/28/2021