Utah Admin. Code R907-67-6 - Suspension from Consideration for Award of Contracts - Indictments

(1)

(a) If the deputy director determines there is probable cause that a contractor has engaged in activity that would, if true, lead to debarment under this rule, the deputy director may suspend the contractor from consideration for award of contracts.

(b) A contractor who is suspended may not bid on or respond to a solicitation for a department contract.

(c) A suspension may last for no more than three months unless an indictment has been issued, the department is conducting an administrative review to determine whether the contractor should be debarred, or the Utah Attorney General has filed an information alleging that the contractor has engaged in criminal activity that would, if true, lead to debarment under this rule.

(d) If an indictment has been issued or an Information filed, a suspension shall last until completion of the contractor's trial and its right to appeal expires or the dismissal of charges.

(2) Before a suspension period expires, the deputy director shall review the relevant facts, determine if another suspension period is warranted, and if the department should initiate an agency action for debarment.

(3)

(a) A conviction or plea of guilty, nolo contendere or the equivalent, a plea agreement, settlement or issuance of a consent judgment that requires the contractor to make a payment to a public entity for an offense related to an activity listed in Section R907-67-1 is sufficient to support suspension without additional evidence being offered.

(b) An acquittal or dismissal of charges does not require the department to dismiss a suspension notice.

Notes

Utah Admin. Code R907-67-6

Amended by Utah State Bulletin Number 2023-17, effective 8/23/2023