Utah Admin. Code R354-15-106 - Improper Action Against a Public Officer or Employee Involved in the Procurement Process

(1)

(a) It is prohibited 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 Procurement Procedure;

(ii) influence the officer or employee to award a Contract under this Procurement Procedure to the person or take other action under Procurement Procedure in favor of the person; or

(iii) retaliate against the officer or employee for:

(A) not awarding a Contract under this Procurement Procedure to the person;

(B) issuing a decision or taking an action under this Procurement Procedure that is averse to the person; or

(C) performing a duty or responsibility the officer or employee has under this Procurement Procedure.

(b) A violation of Subsection (1)(a) subjects the person to suspension or disbarment.

(2)

(a) It is prohibited 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 public officer or employee from performing a duty or responsibility that the officer or employee has under this Procurement Procedure;

(ii) influence the officer or employee to award a Contract under this Procurement Procedure to the person or take other action under Procurement Procedure in favor of the person; or

(iii) retaliate against the public officer or employee for:

(A) not awarding a Contract under this Procurement Procedure to the person;

(B) issuing a decision or taking an action under Procurement Procedure that is averse to the person; or

(C) performing a duty or responsibility the officer or employee has under Procurement Procedure.

(b) violation of Subsection (2)(a) subjects the person to suspension or disbarment.

Notes

Utah Admin. Code R354-15-106

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