Dividing a procurement to avoid using a standard procurement process.

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  • (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.




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