{"data":{"id":"us-ut/utah-code-63g-6a-2402","jurisdiction":"us-ut","citation":"Utah Code § 63G-6a-2402","heading":"Definitions.","body":"As used in this part:\n(1) \"Contract administration professional\":\n(a) means an individual who:\n(i) is:\n(A) directly under contract with a procurement unit; or\n(B) employed by a person under contract with a procurement unit; and\n(ii) has responsibility in:\n(A) developing a solicitation or grant, or conducting the procurement process; or\n(B) supervising or overseeing the administration or management of a contract or grant; and\n(b) does not include an employee of the procurement unit.\n(2) \"Contribution\":\n(a) means a voluntary gift or donation of money, service, or anything else of value, to a public entity for the public entity's use and not for the primary use of an individual employed by the public entity; and\n(b) includes:\n(i) a philanthropic donation;\n(ii) admission to a seminar, vendor fair, charitable event, fundraising event, or similar event that relates to the function of the public entity;\n(iii) the purchase of a booth or other display space at an event sponsored by the public entity or a group of which the public entity is a member; and\n(iv) the sponsorship of an event that is organized by the public entity.\n(3) \"Family member\" means a father, mother, husband, wife, son, daughter, sister, brother, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, or daughter-in-law.\n(4) \"Governing body\" means an administrative, advisory, executive, or legislative body of a public entity.\n(5) \"Gratuity\":\n(a) means anything of value given:\n(i) without anything provided in exchange; or\n(ii) in excess of the market value of that which is provided in exchange;\n(b) includes:\n(i) a gift or favor;\n(ii) money;\n(iii) a loan at an interest rate below the market rate or with terms that are more advantageous to the borrower than terms offered generally on the market;\n(iv) anything of value provided with an award, other than a certificate, plaque, or trophy;\n(v) employment;\n(vi) admission to an event;\n(vii) a meal, lodging, or travel;\n(viii) entertainment for which a charge is normally made; and\n(ix) a raffle, drawing for a prize, or lottery; and\n(c) does not include:\n(i) an item, including a meal in association with a training seminar, that is:\n(A) included in a contract or grant; or\n(B) provided in the proper performance of a requirement of a contract or grant;\n(ii) an item requested to evaluate properly the award of a contract or grant;\n(iii) a rebate, coupon, discount, airline travel award, dividend, or other offering included in the price of a procurement item;\n(iv) a meal provided by an organization or association, including a professional or educational association, an association of vendors, or an association composed of public agencies or public entities, that does not, as an organization or association, respond to solicitations;\n(v) a product sample submitted to a public entity to assist the public entity to evaluate a solicitation;\n(vi) a political campaign contribution;\n(vii) an item generally available to the public; or\n(viii) anything of value that one public agency provides to another public agency.\n(6) \"Hospitality gift\":\n(a) means a token gift of minimal value, including a pen, pencil, stationery, toy, pin, trinket, snack, beverage, or appetizer, given for promotional or hospitality purposes; and\n(b) does not include money, a meal, admission to an event for which a charge is normally made, entertainment for which a charge is normally made, travel, or lodging.\n(7) \"Kickback\":\n(a) means a negotiated bribe provided in connection with a procurement or the administration of a contract or grant; and\n(b) does not include anything listed in Subsection (5)(c).\n(8) \"Procurement\" has the same meaning as defined in Section 63G-6a-103, but also includes the awarding of a grant.\n(9) \"Procurement professional\":\n(a) means an individual who is an employee, and not an independent contractor, of a procurement unit, and who, by title or primary responsibility:\n(i) has procurement decision making authority; and\n(ii) is assigned to be engaged in, or is engaged in:\n(A) the procurement process; or\n(B) the process of administering a contract or grant, including enforcing contract or grant compliance, approving contract or grant payments, or approving contract or grant change orders or amendments; and\n(b) excludes:\n(i) any individual who, by title or primary responsibility, does not have procurement decision making authority;\n(ii) an individual holding an elective office;\n(iii) a member of a governing body;\n(iv) a chief executive of a public entity or a chief assistant or deputy of the chief executive, if the chief executive, chief assistant, or deputy, respectively, has a variety of duties and responsibilities beyond the management of the procurement process or the contract or grant administration process;\n(v) the superintendent, business administrator, principal, or vice principal of a school district or charter school, or the chief assistant or deputy of the superintendent, business administrator, principal, or vice principal;\n(vi) a university or college president, vice president, business administrator, or dean;\n(vii) a chief executive of a special district, as defined in Section 17B-1-102, a special service district, as defined in Section 17D-1-102, or a political subdivision created under Title 11, Chapter 13, Interlocal Cooperation Act;\n(viii) an employee of a public entity with:\n(A) an annual budget of $1,000,000 or less; or\n(B) no more than four full-time employees; and\n(ix) an executive director or director of an executive branch procurement unit who:\n(A) by title or primary responsibility, does not have procurement decision making authority; and\n(B) is not assigned to engage in, and is not engaged in, the procurement process.\n(10) \"Public agency\" has the same meaning as defined in Section 11-13-103, but also includes all officials, employees, and official representatives of a public agency, as defined in Section 11-13-103.","path":["Title 63G General Government","Chapter 63G-6a Utah Procurement Code","Part 63G-6a-24 Unlawful Conduct and Penalties"],"source_url":"https://le.utah.gov/xcode/Title63G/Chapter6a/63G-6a-S2402.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"91b70626b2799f31c18c98c4d83e6e4be6521897a93ed3111e051c3c16dd44f6","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-63g-6a-2401","next":"us-ut/utah-code-63g-6a-2403"},"notice":"GroundRules: Original legal text. Not legal advice."}