with the intent to induce the District in exchange to (a) award a contract, (b) make a procurement decision, or (c) take an action relating to the administration of a contract or grant. 3. on behalf of the District, to receive or accept, offer or agree to receive or accept, or ask for a promise or pledge of a contribution unless done with the intent that the District in exchange (a) award a contract or grant, (b) make a procurement decision, or (c) take an action relating to the administration of a contract or grant. It is not unlawful or a violation of this policy for a person to give or receive, offer to give or receive, or promise or pledge to give or ask for a promise or pledge of a hospitality gift if: 1. the total value of the hospitality gift is less than $10; and 2. the aggregate value of all hospitality gifts from the person to the recipient in a calendar year is less than $50. Utah Code § 63G-6a-2404 (2014) Voiding a Contract or Grant for Unlawful Conduct This section applies to procurements (a) for which public notice is provided on or after July 1, 2014, if public notice is required, or (b) where public notice is not required, the initial contact between the District and the potential contractor for purposes of the procurement occurs on or after July 1, 2014. When a contract or grant has been awarded to a person who engages in conduct made unlawful by this policy or by Part 24 of the Procurement Code, “Unlawful Conduct and Penalties,” the Board of Education or the superintendent may, in their sole discretion, declare the contract or grant to be void and unenforceable except where (a) the contract or grant relates to the issuance of a bond or other obligation and the bond has been issued or obligation incurred; or (b) a third party has substantially changed its position in reliance upon the contract or grant. Declaring a contract or grant void under this section does not affect the District’s obligation to pay for a contractor’s proper performance completed under the contract or grant or to pay for the value the contractor provides to the District under the contract or grant before the contract or grant is declared void. Utah Code § 63G-6a-2405 (2014) Prohibited Socialization by Procurement Professionals A procurement professional shall not: 1. participate in social activities with vendors or contractors that will interfere with the proper performance of the procurement professional's duties; 2. participate in social activities with vendors or contractors that will lead to unreasonably frequent disqualification of the procurement professional from the procurement process; or 3. participate in social activities with vendors or contractors that would appear to a reasonable person to undermine the procurement professional's independence, integrity, or impartiality. Utah Admin. Rules R33-24-104(1) (August 22, 2016) Evaluation Committee Conflicts of Interest
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