Section R916-5-4 - Application(1) Except as provided in Subsection (2) this rule applies to contracts entered into by the department on or after July 1, 2009,(a) with a contractor if its contract is for $2,000,000.00 or greater on the execution date, and(b) to a contract between a contractor and a subcontractor if the subcontract is for $1,000,000.00 or greater on the execution date.(2) This rule does not apply if: (a) application of this rule jeopardizes the receipt of federal funds,(b) the contract is awarded without engaging in a standard procurement process pursuant to Section 63G-6a-802 (sole source),(c) the contract is an emergency procurement awarded pursuant to Section 63G-6a-803, or(d) the rule conflicts with federal law.(3) This rule only applies when Subsection R915-5-4(1) applies.(4) A person who intentionally uses a change order or contract modification to circumvent the requirements of subsection R916-5-4(1) is guilty of an infraction.Utah Admin. Code R916-5-4
Amended by Utah State Bulletin Number 2016-23, effective 11/8/2016Adopted by Utah State Bulletin Number 2020-06, effective 3/10/2020