Utah Admin. Code R634-2-4 - Applicability of Rule
(1) Except as
provided in Subsections
R634-2-4(2) or
R634-2-4(3)
below, Rule R634-2 applies to all design or construction contracts entered into
by the Department, and
(a) applies to a prime
contractor if the prime contract is in the amount of $2,000,000 or greater at
the original execution of the contract; and
(b) applies to a subcontractor if the
subcontract is in the amount of $1,000,000 or greater at the original execution
of the contract.
(2)
Rule R634-2 does not apply if:
(a) the
application of Rule R634-2 jeopardizes the receipt of federal funds;
(b) the contract is a sole source contract;
or
(c) the contract is an emergency
procurement.
(3) Rule
R634-2 does not apply to a change order as defined in Section
63G-6a-103, or a modification to
a contract, when the contract does not meet the initial threshold required by
Subsection R634-2-4(1).
(4) A person who intentionally uses change
orders or contract modifications to circumvent the requirements of Subsection
R634-2-4(1) is
guilty of an infraction.
Notes
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