Section R907-67-7 - Length of Debarment(1)(a) Except as provided in this Subsections (1)(a) and (b), and Subsection R907-67-7(1)(b), the department shall debar a contractor found to have committed an act listed in Section R907-67-1 for a term of not less than six months and no more than three years.(b) If a basis for debarment is an alleged criminal occurrence or conviction and the contractor has, as part of a sentence or plea agreement, agreed not to bid on public works for more than three years, then the department may extend the debarment to fit the terms of the sentence or plea agreement.(c) The department may debar a contractor for longer than three years if the presiding officer of an agency action or the department determines good cause exists to debar the person for a more extended period.(2) To determine the specific period, the department will evaluate the following:(a) degree of culpability;(b) restitution to the state;(c) cooperation in the investigation of a solicitation response or a contract-related crime;(d) disassociation with those involved in the crimes and active cooperation in prosecuting others involved in the crimes.(3) Suspension and debarment do not absolve the contractor of responsibility to perform existing contracts, even if the contractor needs to find another company, firm, or individual who can perform in the contractor's place.(4) The department also retains the right to declare a suspended or debarred contractor in default on an existing contract if allowed by the contract.Utah Admin. Code R907-67-7
Adopted by Utah State Bulletin Number 2023-17, effective 8/23/2023