63G-6-422 - Exemptions from source selection and contract requirements -- Violation penalty. - Utah Statutes

63G-6-422. Exemptions from source selection and contract requirements --Violation penalty.
The policy board may, by rule, exempt a public procurement unit from the sourceselection and contract award provisions of this part, if it considers that to be in the best economicinterest of the state.
On projects where public funds or political subdivisions are involved, the owner shallfollow the procedures outlined in the Utah Procurement Code when determining or selectingtheir agent or construction manager. However, no exemption shall be permitted that allows anypolitical subdivision of this state to negotiate, enter into, or cause to be negotiated prior to openbidding for the prime contracting agent any predetermined agreement or arrangement whichcauses interference with the traditional fair competitive bidding process or the rights ofemployees under state and federal law. Any agreement or arrangement entered into in violationof this section is unenforceable and void ab initio and the parties to such an agreement orarrangement are subject to a class B misdemeanor penalty.
This provision shall not apply to any political subdivision, agency, or department of thisstate, if, as a condition of a federal grant, there is a requirement that a schedule of predeterminedwages be included in the contract.

Renumbered and Amended by Chapter 382, 2008 General Session