reglab/statecodes huggingface dataset:
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 15 - Design Professional Services › Section 1503.5 - Evaluation of statements of qualifications.

Effective 5/12/2020
63G-6a-1503.5.
Evaluation of statements of qualifications.
(1) An evaluation committee appointed under Section 63G-6a-1503 shall evaluate and score each responsive statement of qualifications that has not been eliminated from consideration under this chapter, using the criteria described in the request for statement of qualifications.
(2) Criteria not described in the request for statement of qualifications may not be used to evaluate a statement of qualifications.
(3) An evaluation committee may enter into discussions or conduct interviews with, or attend presentations by, the design professionals whose statements of qualifications are under consideration.
(4) An evaluation committee shall rank the top three highest scoring design professionals, in order of their scores, for the purpose of entering into fee negotiations as provided in Section 63G-6a-1505.
(5) If fewer than three responsible design professionals submit statements of qualifications that are determined to be responsive, the procurement official shall issue a written determination explaining why it is in the best interest of the procurement unit to continue the fee negotiation and the contracting process with less than three design professionals.
(6)
(a) The deliberations of an evaluation committee may be held in private.
(b) If the evaluation committee is a public body, as defined in Section 52-4-103, the evaluation committee shall comply with Section 52-4-205 in closing a meeting for its deliberations.
Amended by Chapter 257, 2020 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 15 - Design Professional Services › Section 1504 - Selection as part of design-build or lease.

Effective 5/12/2015
63G-6a-1504.
Selection as part of design-build or lease.
Notwithstanding any other provision of this chapter, design professional services may be procured under Title 63A, Chapter 5b, Administration of State Facilities, as part of the services obtained in a design-build contract or as part of the services obtained in a lease contract for real property, if the qualifications of those providing the design professional services are part of the consideration in the selection process.
Amended by Chapter 218, 2015 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 15 - Design Professional Services › Section 1505 - Determination of compensation for design professional services.

Effective 5/12/2015
63G-6a-1505.
Determination of compensation for design professional services.
(1) The procurement officer shall award a contract to the qualified design professional whose statement of qualifications was awarded the highest score under Subsection 63G-6a-1503(4) by the evaluation committee, at compensation that the procurement officer determines, in writing, to be fair and reasonable to the procurement unit.
(2) In making the determination described in Subsection (1), the procurement officer shall take into account:
(a) the estimated value, scope, and professional nature of the services; and
(b) the complexity of the project or services.
(3) If the procurement officer is unable to agree to a satisfactory contract with the highest scoring design professional, at a price the procurement officer determines to be fair and reasonable to the procurement unit, the procurement officer shall:
(a) formally terminate discussions with that design professional; and
(b) undertake discussions with the second highest scoring, qualified design professional.
(4) If the procurement officer is unable to agree to a satisfactory contract with the second highest scoring design professional, at a price the procurement officer determines to be fair and reasonable to the procurement unit, the procurement officer shall:
(a) formally terminate discussions with that design professional; and
(b) undertake discussions with the third highest scoring, qualified design professional.
(5) If the procurement officer is unable to award a contract at a fair and reasonable price to any of the highest scoring design professionals, the procurement officer shall:
(a) select additional design professionals; and
(b) continue discussions in accordance with this part until an agreement is reached.
Amended by Chapter 218, 2015 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 15 - Design Professional Services › Section 1506 - Restrictions on procurement of design professional services.

Effective 5/12/2020
63G-6a-1506.
Restrictions on procurement of design professional services.
(1) Except as provided in Subsection (2), if the division or an independent procurement unit, in accordance with Section 63G-6a-1502, issues a request for statement of qualifications to procure design professional services and provides public notice of the request for statement of qualifications:
(a) a public entity inside or outside the state may not submit a proposal in response to the procurement unit's request for statement of qualifications; and
(b) the procurement unit may not award a contract to a public entity inside or outside the state to perform the design professional services solicited in the request for statement of qualifications.
(2) Subsection (1) does not apply when the procurement unit is procuring design professional services for contracts related to research activities and technology transfer.
Amended by Chapter 257, 2020 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 16 - Protests › Section 1601.5 - Definitions.

Effective 5/9/2017
63G-6a-1601.5.
Definitions.
As used in this part:
(1) "Constructive knowledge":
(a) means knowledge or information that a protestor would have if the protestor had exercised reasonable care or diligence, regardless of whether the protestor actually has the knowledge or information; and
(b) includes knowledge of:
(i) applicable provisions of this chapter and other law and administrative rule;
(ii) instructions, criteria, deadlines, and requirements contained in the solicitation or in other documents made available to persons interested in the solicitation or provided in a mandatory pre-solicitation meeting;
(iii) relevant facts and evidence supporting the protest or leading the protestor to contend that the protestor has been aggrieved in connection with a procurement;
(iv) communications or actions, pertaining to the procurement, of all persons within the protestor's organization or under the supervision of the protestor; and
(v) any other applicable information discoverable by the exercise of reasonable care or diligence.
(2) "Hearing" means a proceeding in which evidence, which may include oral testimony, or argument relevant to a protest is presented to a protest officer in connection with the protest officer's determination of an issue of fact or law or both.
(3) "Protest appeal record" means:
(a) a copy of the protest officer's written decision;
(b) all documentation and other evidence the protest officer relied upon in reaching the protest officer's decision;
(c) the recording of the hearing, if the protest officer held a hearing;
(d) a copy of the protestor's written protest; and
(e) all documentation and other evidence submitted by the protestor supporting the protest or the protestor's claim of standing.
(4) "Protestor" means a person who files a protest under this part.
(5) "Standing" means to have suffered an injury or harm or to be about to suffer imminent injury or harm, if:
(a) the cause of the injury or harm is:
(i) an infringement of the protestor's own right and not the right of another person who is not a party to the procurement;
(ii) reasonably connected to the procurement unit's conduct; and
(iii) the sole reason the protestor is not considered, or is no longer considered, for an award of a contract under the procurement that is the subject of the protest;
(b) a decision on the protest in favor of the protestor:
(i) is likely to redress the injury or harm; and
(ii) would give the protestor a reasonable likelihood of being awarded a contract; and
(c) the protestor has the legal authority to file the protest on behalf of the actual or prospective bidder or offeror or prospective contractor involved in the procurement that is the subject of the protest.
Amended by Chapter 348, 2017 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 17 - Procurement Appeals Board › Section 1701.5 - Definitions.

Effective 5/9/2017
63G-6a-1701.5.
Definitions.
As used in this part:
(1) "Appointing officer" means:
(a) the chair of the board; or
(b) a designee of the chair who is not employed by the procurement unit responsible for the solicitation, contract award, or other action that is the subject of the protestor's protest.
(2) "Protest appeal record" means the same as that term is defined in Section 63G-6a-1601.5.
(3) "Protestor" means the same as that term is defined in Section 63G-6a-1601.5.
Enacted by Chapter 348, 2017 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 17 - Procurement Appeals Board › Section 1704 - Discontinued appeal with prejudice, except as authorized.

63G-6a-1704.
Discontinued appeal with prejudice, except as authorized.
After notice of an appeal to the board is filed under Section 63G-6a-1702, no party may discontinue the appeal without prejudice, except as authorized by the procurement appeals panel appointed for the appeal.
Amended by Chapter 445, 2013 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 17 - Procurement Appeals Board › Section 1705 - Factual determination of procurement appeals panel final and conclusive.

63G-6a-1705.
Factual determination of procurement appeals panel final and conclusive.
A determination of an issue of fact by a procurement appeals panel may not be overturned on appeal, unless the determination is arbitrary and capricious or clearly erroneous.
Amended by Chapter 91, 2012 General Session
Renumbered and Amended by Chapter 347, 2012 General Session
Amended by Chapter 347, 2012 General Session, (Coordination Clause)
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 18 - Appeals to Court and Court Proceedings › Section 1802 - Appeal to Utah Court of Appeals.

Effective 5/9/2017
63G-6a-1802.
Appeal to Utah Court of Appeals.
(1)
(a) As provided in this part:
(i) a person may appeal a dismissal of an appeal by the board chair under Subsection 63G-6a-1702(5)(b)(ii)(A);
(ii) a person who receives an adverse decision by a procurement appeals panel may appeal that decision;
(iii) subject to Subsection (2), a procurement unit, other than a legislative procurement unit, a judicial procurement unit, a nonadopting local government procurement unit, or a public transit district, may appeal an adverse decision by a procurement appeals panel; and
(iv) a person who receives an adverse decision in a protest relating to a legislative procurement unit, a judicial procurement unit, a nonadopting local government procurement unit, or a public transit district may appeal that decision.
(b) A person seeking to appeal a dismissal or decision under Subsection (1)(a) shall file a notice of appeal with the Utah Court of Appeals within seven days after the dismissal or decision.
(2) A procurement unit may not appeal the decision of a procurement appeals panel, unless the appeal is:
(a) recommended by the protest officer involved; and
(b) except for a procurement unit that is not represented by the attorney general's office, approved by the attorney general.
(3) A person appealing a dismissal, decision, or protest under this section may not base the appeal on a ground not specified in the proceeding from which the appeal is taken.
(4) The Utah Court of Appeals:
(a) shall consider the appeal as an appellate court;
(b) may not hear the matter as a trial de novo; and
(c) may not overturn a finding, dismissal, or decision unless the finding, dismissal, or decision, is arbitrary and capricious or clearly erroneous.
(5) The Utah Court of Appeals is encouraged to:
(a) give an appeal made under this section priority; and
(b) consider the appeal and render a decision in an expeditious manner.
Amended by Chapter 348, 2017 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 19 - General Provisions Related to Protest or Appeal › Section 1902 - Limitation on challenges -- Compliance with federal law.

Effective 3/29/2014
63G-6a-1902.
Limitation on challenges -- Compliance with federal law.
(1) A person may not challenge a procurement, a procurement process, the award of a contract relating to a procurement, a debarment, or a suspension, in a court, before an administrative officer or body, or in any other forum other than the forum permitted in this chapter.
(2) A person who desires to challenge a procurement, a procurement process, the award of a contract relating to a procurement, a debarment, or a suspension, shall bring the challenge, in accordance with the requirements of this chapter.
(3) In hearing a protest or an appeal under this chapter relating to an expenditure of federal assistance, federal contract funds, or a federal grant, the person who hears the appeal shall ensure compliance with federal law and regulations relating to the expenditure.
Amended by Chapter 196, 2014 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 19 - General Provisions Related to Protest or Appeal › Section 1903 - Effect of timely protest or appeal.

Effective 5/12/2020
63G-6a-1903.
Effect of timely protest or appeal.
A procurement unit, other than a legislative procurement unit, a judicial procurement unit, a nonadopting local government procurement unit, or a public transit district, may not proceed further with a solicitation or with the award of a contract:
(1) during the pendency of a timely:
(a) protest under Section 63G-6a-1602;
(b) appeal of a protest under Section 63G-6a-1702; or
(c) appeal of a procurement appeals panel decision under Section 63G-6a-1802; and
(2) until:
(a) all administrative and judicial remedies are exhausted;
(b) for a protest under Section 63G-6a-1602 or an appeal under Section 63G-6a-1702:
(i) the chief procurement officer, after consultation with the attorney general's office and the head of the using agency, makes a written determination that award of the contract without delay is in the best interest of the procurement unit or the state;
(ii) the procurement official of an independent procurement unit, after consultation with the procurement unit's attorney, makes a written determination that award of the contract without delay is in the best interest of the procurement unit or the state; or
(iii) for a procurement unit that is not represented by the attorney general's office, the procurement official, after consulting with the attorney for the procurement unit, makes a written determination that award of the contract without delay is in the best interest of the procurement unit or the state; or
(c) for an appeal under Section 63G-6a-1802, or an appeal to a higher court than district court:
(i) the chief procurement officer, after consultation with the attorney general's office and the head of the using agency, makes a written determination that award of the contract without delay is in the best interest of the procurement unit or the state;
(ii) the procurement official of an independent procurement unit, after consultation with the procurement unit's attorney, makes a written determination that award of the contract without delay is in the best interest of the procurement unit or the state; or
(iii) for a procurement unit that is not represented by the attorney general's office, the procurement official, after consulting with the attorney for the procurement unit, makes a written determination that award of the contract without delay is necessary to protect the best interest of the procurement unit or the state.
Amended by Chapter 257, 2020 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 19 - General Provisions Related to Protest or Appeal › Section 1904 - Costs to or against protestor.

Effective 5/12/2015
63G-6a-1904.
Costs to or against protestor.
(1) If a protest is sustained administratively or upon administrative or judicial review and the protesting bidder or offeror should have been awarded the contract under the solicitation but is not, the protestor is entitled to the following relief as a claim against the procurement unit:
(a) the reasonable costs incurred in connection with the solicitation, including bid preparation and appeal costs; and
(b) any equitable relief determined to be appropriate by the reviewing administrative or judicial body.
(2) If the final determination of a procurement appeals panel or other appellate body does not sustain the protest, the protestor shall reimburse the conducting or issuing procurement unit for all expenses that the conducting or issuing procurement unit incurred in defending the appeal, including personnel costs, attorney fees, other legal costs, the per diem and expenses paid by the conducting or issuing procurement unit to witnesses or appeals panel members, and any additional expenses incurred by the staff of the conducting or issuing procurement unit who have provided materials and administrative services to the procurement appeals panel for that case.
(3) The provisions of Title 63G, Chapter 7, Part 4, Notice of Claim Against a Governmental Entity or a Government Employee, and Section 63G-7-601 do not apply to actions brought under this chapter by an aggrieved party for equitable relief or reasonable costs incurred in preparing or appealing an unsuccessful bid or offer.
Amended by Chapter 218, 2015 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 19 - General Provisions Related to Protest or Appeal › Section 1906 - Effect of prior determination by agents of procurement unit.

Effective 3/29/2014
63G-6a-1906.
Effect of prior determination by agents of procurement unit.
In any judicial action under Section 63G-6a-1802, determinations by employees, agents, or other persons appointed by the procurement unit shall be final and conclusive only as provided in Sections 63G-6a-1911, 63G-6a-1603, and 63G-6a-1705.
Amended by Chapter 196, 2014 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 19 - General Provisions Related to Protest or Appeal › Section 1907 - Effect of violation found after award of contract.

Effective 3/29/2014
63G-6a-1907.
Effect of violation found after award of contract.
(1) If after award of a contract it is determined administratively or upon administrative or judicial review that a procurement or award of a contract is in violation of law:
(a)
(i) if the person awarded the contract did not act fraudulently or in bad faith:
(A) the contract may be ratified and affirmed if it is in the best interests of the procurement unit; or
(B) the contract may be terminated; and
(ii) the person awarded the contract shall be compensated for the actual expenses reasonably incurred under the contract before the termination, plus a reasonable profit; or
(b) if the person awarded the contract acted fraudulently or in bad faith:
(i) the contract may be declared null and void; or
(ii) the contract may be ratified and affirmed if it is in the best interests of the procurement unit, without prejudice to the procurement unit's rights to any appropriate damages.
(2) Under no circumstances is a person entitled to consequential damages in relation to a solicitation or award of a contract under this chapter, including consequential damages for lost profits, loss of business opportunities, or damage to reputation.
Amended by Chapter 196, 2014 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 19 - General Provisions Related to Protest or Appeal › Section 1909 - Affect of violation found prior to award of contract.

63G-6a-1909.
Affect of violation found prior to award of contract.
If, before award of a contract, it is determined administratively or upon administrative or judicial review that a procurement or proposed award of a contract is in violation of law, the procurement or proposed award shall be cancelled or revised to comply with the law.
Renumbered and Amended by Chapter 347, 2012 General Session
Amended by Chapter 347, 2012 General Session, (Coordination Clause)
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 19 - General Provisions Related to Protest or Appeal › Section 1910 - Interest rates.

Effective 3/29/2014
63G-6a-1910.
Interest rates.
(1) In controversies between a procurement unit and a contractor under this chapter, interest on amounts ultimately determined to be due to a contractor or the procurement unit are payable at the rate applicable to judgments from the date the claim arose through the date of decision or judgment, whichever is later.
(2) Unless otherwise specified in a lawful contract between a procurement unit and the person making a bond claim against the procurement unit, the interest rate applicable to the bond claim is the rate described in Subsection 15-1-1(2).
(3) This section does not apply to public assistance benefits programs.
Amended by Chapter 196, 2014 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 19 - General Provisions Related to Protest or Appeal › Section 1911 - Determinations final except when arbitrary and capricious or clearly erroneous.

Effective 5/12/2020
63G-6a-1911.
Determinations final except when arbitrary and capricious or clearly erroneous.
The determinations required under the following provisions are final and conclusive unless they are arbitrary and capricious or clearly erroneous:
(1) Section 63G-6a-114;
(2) Section 63G-6a-115;
(3) Section 63G-6a-702;
(4) Section 63G-6a-707;
(5) Section 63G-6a-803;
(6) Section 63G-6a-804;
(7) Section 63G-6a-903;
(8) Subsection 63G-6a-1204(1) or (2);
(9) Subsection 63G-6a-1204(5);
(10) Section 63G-6a-1205; or
(11) Subsection 63G-6a-1206(5).
Amended by Chapter 257, 2020 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 20 - Records › Section 2002 - Records -- Retention.

Effective 5/12/2020
63G-6a-2002.
Records -- Retention.
(1) All procurement records shall be retained and disposed of in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.
(2) Written determinations required by this chapter shall be retained in the appropriate official contract file of:
(a) the division;
(b) except as provided in Subsection (2)(c), the independent procurement unit; or
(c) for a legislative procurement unit or a judicial procurement unit, the person designated by rule made by the rulemaking authority.
(3) A procurement unit shall keep, and make available to the public, upon request, written records of procurements for which an expenditure of $100 or more is made, for the longer of:
(a) six years;
(b) the time otherwise required by law; or
(c) the time period provided by rule made by the rulemaking authority.
(4) The written record described in Subsection (3) shall include:
(a) the name of the provider from whom the procurement was made;
(b) a description of the procurement item;
(c) the date of the procurement; and
(d) the expenditure made for the procurement.
Amended by Chapter 257, 2020 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 20 - Records › Section 2003 - Record of contracts made.

Effective 5/12/2020
63G-6a-2003.
Record of contracts made.
A procurement official shall maintain a record of all contracts made under Section 63G-6a-506, 63G-6a-802, or 63G-6a-803, in accordance with Title 63G, Chapter 2, Government Records Access and Management Act. The record shall contain each contractor's name, the amount and type of each contract, and a listing of the procurement items to which the contract relates.
Amended by Chapter 257, 2020 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 20 - Records › Section 2004 - Chief procurement officer's collection of information on procurement items.

63G-6a-2004.
Chief procurement officer's collection of information on procurement items.
(1) To the extent possible, the chief procurement officer may collect information concerning the type, cost, quality, and quantity of commonly used procurement items procured or used by procurement units.
(2) The chief procurement officer may make the information described in Subsection (1) available to any procurement unit upon request.
Amended by Chapter 445, 2013 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 21 - Interaction Between Procurement Units › Section 2102 - Agreements between public entities.

Effective 5/12/2020
63G-6a-2102.
Agreements between public entities.
A public entity may enter into an agreement with one or more other public entities to:
(1) sponsor, conduct, or administer a cooperative agreement for:
(a) the procurement of a procurement item, in accordance with the requirements of Section 63G-6a-2105; or
(b) the disposal of a procurement item;
(2) cooperatively use a procurement item;
(3) commonly use or share warehousing facilities, capital equipment, and other facilities;
(4) provide personnel, if the receiving public entity pays the public entity providing the personnel the direct and indirect cost of providing the personnel, in accordance with the agreement; or
(5) purchase from, contribute to, or otherwise participate in a pooled governmental funds program for the purpose of acquiring or sharing information, data, reports, or other services in accordance with the terms of the agreement.
Amended by Chapter 257, 2020 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 21 - Interaction Between Procurement Units › Section 2103 - Purchases between public entities.

Effective 5/12/2020
63G-6a-2103.
Purchases between public entities.
(1)
(a)
(i) A public entity may purchase a procurement item from another public entity.
(ii) Subsection (1)(a)(i) may not be construed to require a public entity to sell a procurement item to another public entity.
(b) As provided in Subsection 63G-6a-107.6(1)(a), a purchase under Subsection (1)(a) is not subject to the procurement requirements of this chapter.
(c)
(i) Subsection (1)(a) does not authorize a public entity to obtain a procurement item under a contract of another public entity.
(ii) Subsection (1)(c)(i) does not affect the authority of a procurement unit relating to a cooperative procurement under Subsection 63G-6a-2105(4)(b).
(2) A public entity may publish a schedule of costs or fees for procurement items available for purchase by another public entity.
Amended by Chapter 257, 2020 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 21 - Interaction Between Procurement Units › Section 2104 - Compliance by one procurement unit pursuant to agreement considered compliance by others to agreement.

63G-6a-2104.
Compliance by one procurement unit pursuant to agreement considered compliance by others to agreement.
(1) When a procurement unit that administers a cooperative procurement complies with the requirements of this chapter, any procurement unit participating in the purchase is considered to have complied with this chapter.
(2) A procurement unit may not enter into a cooperative procurement agreement for the purpose of circumventing this chapter.
Amended by Chapter 445, 2013 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 24 - Unlawful Conduct and Penalties › Section 2401 - Title.

Effective 3/29/2014
63G-6a-2401.
Title.
This part is known as "Unlawful Conduct and Penalties."
Enacted by Chapter 196, 2014 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 24 - Unlawful Conduct and Penalties › Section 2403 - Applicability.

Effective 5/9/2017
63G-6a-2403.
Applicability.
(1) This part applies to each public entity.
(2) A procurement professional is subject to this part at all times during:
(a) the procurement process; and
(b) the administration of a contract or grant.
(3) A contract administration professional is subject to this part at all times during the period the contract administration professional is:
(a) under contract with a procurement unit; and
(b) involved in:
(i) the procurement process; or
(ii) the administration of a contract or grant.
(4) This part does not apply to:
(a) an individual described in Subsection 63G-6a-2402(9)(b);
(b) any individual other than a procurement professional or contract administration professional; or
(c) a taxed interlocal entity, as defined in Section 11-13-602, or a director, officer, or employee of a taxed interlocal entity.
(5) The other subsections of this section do not affect the applicability or effect of any other ethics, bribery, or other law.
Amended by Chapter 348, 2017 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 24 - Unlawful Conduct and Penalties › Section 2404.3 - Dividing a procurement to avoid using a standard procurement process.

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
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 24 - Unlawful Conduct and Penalties › Section 2404.7 - Improper action against a public officer or employee involved in the procurement process.

Effective 5/9/2017
63G-6a-2404.7.
Improper action against a public officer or employee involved in the procurement process.
(1)
(a) It is unlawful for a person knowingly to threaten to make a false allegation against a public officer or employee, or knowingly to threaten to take a menacing or intimidating action against a public officer or employee, with the intent to:
(i) prevent the officer or employee from performing a duty or responsibility that the officer or employee has under this chapter;
(ii) influence the officer or employee to award a contract under this chapter to the person or take other action under this chapter in favor of the person; or
(iii) retaliate against the officer or employee for:
(A) not awarding a contract under this chapter to the person;
(B) issuing a decision or taking an action under this chapter that is adverse to the person; or
(C) performing a duty or responsibility the officer or employee has under this chapter.
(b) A violation of Subsection (1)(a) is a class A misdemeanor.
(2)
(a) It is unlawful for a person knowingly to make a false allegation against a public officer or employee, or knowingly to take a menacing or intimidating action against a public officer or employee, with the intent to:
(i) prevent the officer or employee from performing a duty or responsibility that the officer or employee has under this chapter;
(ii) influence the officer or employee to award a contract under this chapter to the person or take other action under this chapter in favor of the person; or
(iii) retaliate against the officer or employee for:
(A) not awarding a contract under this chapter to the person;
(B) issuing a decision or taking an action under this chapter that is adverse to the person; or
(C) performing a duty or responsibility the officer or employee has under this chapter.
(b) A violation of Subsection (2)(a) is a third degree felony.
Enacted by Chapter 348, 2017 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 24 - Unlawful Conduct and Penalties › Section 2405 - Discretion to declare contract or grant void -- Limitations.

Effective 3/29/2014
63G-6a-2405.
Discretion to declare contract or grant void -- Limitations.
(1) Subject to Subsection (2), the governing body or chief executive officer of a public entity that awards a contract or grant to a person who engages in conduct made unlawful under this part may, in the sole discretion of the governing body or chief executive officer, declare the contract or grant to be void and unenforceable, unless:
(a) the contract or grant relates to the issuance of a bond or other obligation and the bond has been issued or obligation incurred; or
(b) a third party has substantially changed its position in reliance upon the contract or grant.
(2) Declaring a contract or grant void under Subsection (1) does not affect the obligation of a procurement unit to pay for a contractor's proper performance completed under the contract or grant or the value the contractor provides to the public entity under the contract or grant before the contract or grant is declared void.
(3) Subsection (1) applies only to a procurement with respect to which:
(a) public notice is provided on or after July 1, 2014, if public notice of the procurement is required; or
(b) the initial contact between the public entity and the potential contractor, for purposes of the procurement, occurs on or after July 1, 2014, if public notice of the procurement is not required.
Enacted by Chapter 196, 2014 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 24 - Unlawful Conduct and Penalties › Section 2406 - Authority of conducting procurement unit with respect to evaluation committee.

Effective 3/29/2014
63G-6a-2406.
Authority of conducting procurement unit with respect to evaluation committee.
Nothing in this part restricts a conducting procurement unit from:
(1) requiring an evaluation committee member to disclose a conflict of interest; or
(2) removing an evaluation committee member for having a conflict of interest.
Enacted by Chapter 196, 2014 General Session
2023 Utah Code › Title 63G - General Government › Chapter 6a - Utah Procurement Code › Part 24 - Unlawful Conduct and Penalties › Section 2407 - Duty to report unlawful conduct.

Effective 5/9/2017
63G-6a-2407.
Duty to report unlawful conduct.
(1) As used in this section, "unlawful conduct" means:
(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.
(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.
(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.
(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
2023 Utah Code › Title 63G - General Government › Chapter 7 - Governmental Immunity Act of Utah › Part 1 - General Provisions › Section 101 - Title -- Scope of waivers and retentions of immunity.

Effective 5/9/2017
63G-7-101.
Title -- Scope of waivers and retentions of immunity.
(1) This chapter is known as the "Governmental Immunity Act of Utah."
(2) The scope of the waivers and retentions of immunity found in this comprehensive chapter:
(a) applies to all functions of government, no matter how labeled; and
(b) governs all claims against governmental entities or against their employees or agents arising out of the performance of the employee's duties, within the scope of employment, or under color of authority.
(3) A governmental entity and an employee of a governmental entity retain immunity from suit unless that immunity has been expressly waived in this chapter.
(4) A governmental entity and an employee of a governmental entity retain immunity from suit if an injury arises out of or in connection with, or results from, conduct or a condition described in Subsection 63G-7-201(3) or (4), even if immunity from suit for the injury is waived under Section 63G-7-301.
Amended by Chapter 300, 2017 General Session
2023 Utah Code › Title 63G - General Government › Chapter 7 - Governmental Immunity Act of Utah › Part 2 - Governmental Immunity - Statement, Scope, and Effect › Section 203 - Exemptions for certain actions.

Effective 5/8/2018
63G-7-203.
Exemptions for certain actions.
The requirements of Sections 63G-7-401, 63G-7-402, 63G-7-403, and 63G-7-601 do not apply to:
(1) an action that involves takings law, as defined in Section 63L-3-102; or
(2) an action filed under Title 67, Chapter 21, Utah Protection of Public Employees Act.
Amended by Chapter 178, 2018 General Session
2023 Utah Code › Title 63G - General Government › Chapter 7 - Governmental Immunity Act of Utah › Part 3 - Waivers of Immunity › Section 302 - Assessment of compensation and damages in an action for taking or damaging private property.

Effective 5/3/2023
63G-7-302.
Assessment of compensation and damages in an action for taking or damaging private property.
(1) Except as provided in Subsection (2), in an action brought under Utah Constitution, Article I, Section 22, for the recovery of compensation from the governmental entity when the governmental entity has taken or damaged private property for public uses without just compensation, compensation and damages shall be assessed according to Title 78B, Chapter 6, Part 5, Eminent Domain.
(2) In an action brought under Utah Constitution, Article I, Section 22, for the recovery of compensation for the interruption of water use in the case of a temporary water shortage emergency that results in the taking or damage of property for public uses without just compensation, compensation and damages shall be assessed in accordance with Title 73, Chapter 3d, Water Preferences During Emergencies.
Amended by Chapter 126, 2023 General Session
2023 Utah Code › Title 63G - General Government › Chapter 7 - Governmental Immunity Act of Utah › Part 4 - Notice of Claim Against a Governmental Entity or a Government Employee › Section 402 - Time for filing notice of claim.

63G-7-402.
Time for filing notice of claim.
A claim against a governmental entity, or against an employee for an act or omission occurring during the performance of the employee's duties, within the scope of employment, or under color of authority, is barred unless notice of claim is filed with the person and according to the requirements of Section 63G-7-401 within one year after the claim arises regardless of whether or not the function giving rise to the claim is characterized as governmental.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 7 - Governmental Immunity Act of Utah › Part 4 - Notice of Claim Against a Governmental Entity or a Government Employee › Section 403 - Notifying of the receipt of a notice of claim -- Action in district court -- Time for commencing action -- Commencing action after time limit.

Effective 5/12/2020
63G-7-403.
Notifying of the receipt of a notice of claim -- Action in district court -- Time for commencing action -- Commencing action after time limit.
(1) Within 60 days after the filing of a notice of claim, the governmental entity, the entity's representative, or the entity's insurance carrier shall inform the claimant in writing:
(a) that the notice of claim has been received; and
(b) if applicable, that the governmental entity believes it is not the correct governmental entity with which the notice of claim should have been filed.
(2)
(a)
(i) Subject to Subsections (2)(a)(ii) and (b), a claimant may pursue an action in the district court against the governmental entity or an employee of the entity.
(ii) A claimant may not file an action before the date that is 60 days after the claimant's notice of claim is filed.
(b) Subject to Subsection (3), a claimant shall commence the action within two years after the claim arises, as provided in Subsection 63G-7-401(1), regardless of whether or not the function giving rise to the claim is characterized as governmental.
(3)
(a) As used in this Subsection (3), "claimant" includes a representative of an individual:
(i) who dies before an action is begun under this section; and
(ii) whose cause of action survives the individual's death.
(b) A claimant may commence an action after the time limit described in Subsection (2)(b) if:
(i) the claimant had commenced a previous action within the time limit of Subsection (2)(b);
(ii) the previous action failed or was dismissed for a reason other than on the merits; and
(iii) the claimant commences the new action within one year after the previous action failed or was dismissed.
(c) A claimant may commence a new action under Subsection (3)(b) only once.
Amended by Chapter 53, 2020 General Session
2023 Utah Code › Title 63G - General Government › Chapter 7 - Governmental Immunity Act of Utah › Part 5 - Legal Actions Under this Chapter - Jurisdiction and Venue › Section 501 - Jurisdiction of district courts over actions.

63G-7-501.
Jurisdiction of district courts over actions.
(1) The district courts have exclusive, original jurisdiction over any action brought under this chapter.
(2) An action brought under this chapter may not be tried as a small claims action.
Renumbered and Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 63G - General Government › Chapter 7 - Governmental Immunity Act of Utah › Part 5 - Legal Actions Under this Chapter - Jurisdiction and Venue › Section 502 - Venue of actions.

Effective 5/10/2016
63G-7-502.
Venue of actions.
(1) Actions against the state may be brought in the county in which the claim arose or in Salt Lake County.
(2)
(a) Actions against a county may be brought in the county in which the claim arose, or in the defendant county.
(b)
(i) A district court judge of the defendant county may transfer venue to any county contiguous to the defendant county.
(ii) A motion to transfer may be filed ex parte.
(3) Actions against all other political subdivisions, including cities and towns, shall be brought in the county in which the political subdivision is located or in the county in which the claim arose.
Amended by Chapter 33, 2016 General Session
2023 Utah Code › Title 63G - General Government › Chapter 7 - Governmental Immunity Act of Utah › Part 6 - Legal Actions Under this Chapter - Procedures, Requirements, Damages, and Limitations on Judgments › Section 601 - Actions governed by Utah Rules of Civil Procedure -- Undertaking required.

Effective 5/14/2019
63G-7-601.
Actions governed by Utah Rules of Civil Procedure -- Undertaking required.
(1) An action brought under this chapter shall be governed by the Utah Rules of Civil Procedure to the extent that they are consistent with this chapter.
(2) A plaintiff who files an action under this chapter shall file an undertaking within 20 days after commencement of the action:
(a) in the amount of $300, unless otherwise ordered by the court; and
(b) conditioned upon payment by the plaintiff of taxable costs incurred by the governmental entity in the action if the plaintiff fails to prosecute the action or fails to recover judgment.
(3) If a plaintiff does not file an undertaking as required in Subsection (2), a court may, sua sponte or pursuant to a motion, order the plaintiff to file an undertaking in an amount and by a deadline that the court establishes.
(4) A defendant waives a defense based on the plaintiff's failure to file an undertaking under this section if the defendant does not raise the plaintiff's failure to file an undertaking as an affirmative defense in the defendant's initial responsive pleading.
Amended by Chapter 229, 2019 General Session
2023 Utah Code › Title 63G - General Government › Chapter 7 - Governmental Immunity Act of Utah › Part 6 - Legal Actions Under this Chapter - Procedures, Requirements, Damages, and Limitations on Judgments › Section 602 - Compromise and settlement of claims by political subdivision.

Effective 5/12/2015
63G-7-602.
Compromise and settlement of claims by political subdivision.
A political subdivision, after conferring with its legal officer or other legal counsel if it does not have a legal officer, may compromise and settle any action as to the damages or other relief sought.
Amended by Chapter 355, 2015 General Session
2023 Utah Code › Title 63G - General Government › Chapter 7 - Governmental Immunity Act of Utah › Part 6 - Legal Actions Under this Chapter - Procedures, Requirements, Damages, and Limitations on Judgments › Section 603 - Exemplary or punitive damages prohibited -- Governmental entity not subject to execution, attachment, or garnishment -- Exception.

Effective 5/9/2017
63G-7-603.
Exemplary or punitive damages prohibited -- Governmental entity not subject to execution, attachment, or garnishment -- Exception.
(1)
(a) A judgment may not be rendered against a governmental entity for exemplary or punitive damages.
(b) If a governmental entity would be required to pay the judgment under Section 63G-7-902 or 63G-7-903, the governmental entity shall pay any judgment or portion of any judgment entered against its employee in the employee's personal capacity even if the judgment is for or includes exemplary or punitive damages.
(2)
(a) Except as provided in Subsection (2)(b), execution, attachment, or garnishment may not issue against a governmental entity.
(b) A judgment creditor may garnish a state income tax refund owing to the judgment debtor.
Amended by Chapter 152, 2017 General Session