Utah Administrative Code
Topic - Transportation
Title R907 - Administration
Rule R907-67 - Suspension and Debarment of Contractors from Work on Department Projects
Section R907-67-6 - Suspension from Consideration for Award of Contracts - Indictments
Universal Citation: UT Admin Code R 907-67-6
Current through Bulletin 2024-06, March 15, 2024
(1)
(a) If
the deputy director determines there is probable cause that a contractor has
engaged in activity that would, if true, lead to debarment under this rule, the
deputy director may suspend the contractor from consideration for award of
contracts.
(b) A contractor who is
suspended may not bid on or respond to a solicitation for a department
contract.
(c) A suspension may last
for no more than three months unless an indictment has been issued, the
department is conducting an administrative review to determine whether the
contractor should be debarred, or the Utah Attorney General has filed an
information alleging that the contractor has engaged in criminal activity that
would, if true, lead to debarment under this rule.
(d) If an indictment has been issued or an
Information filed, a suspension shall last until completion of the contractor's
trial and its right to appeal expires or the dismissal of charges.
(2) Before a suspension period expires, the deputy director shall review the relevant facts, determine if another suspension period is warranted, and if the department should initiate an agency action for debarment.
(3)
(a) A conviction or plea of guilty, nolo
contendere or the equivalent, a plea agreement, settlement or issuance of a
consent judgment that requires the contractor to make a payment to a public
entity for an offense related to an activity listed in Section R907-67-1 is
sufficient to support suspension without additional evidence being
offered.
(b) An acquittal or
dismissal of charges does not require the department to dismiss a suspension
notice.
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