SB103: SB103 Department of Administrative Services, companies owned or operated by Iran to bid on or submit a proposal for a state contract; prohibit

25 LC 46 0952 Senate Bill 103 By: Senators Anavitarte of the 31st, Gooch of the 51st, Robertson of the 29th, Cowsert of the 46th, Strickland of the 42nd and others A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Of ficial Code of Georgia1 Annotated, relating to general authority, duties, and procedure of the Department of2 Administrative Services, so as to prohibit companies owned or operated by Iran to bid on or3 submit a proposal for a state contract; to provide for definitions; to provide for certifications;4 to provide penalties for false certifications; to provide for r elated matters; to repeal5 conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Co de of Georgia Annotated,9 relating to general authority, duties, and procedure of the Dep artment of Administrative10 Services, is amended by adding a new Code section to read as follows:11 "50-5-84.3.12 (a) As used in this Code section, the term:13 (1) 'Company' means any sole proprietorship, organization, ass ociation, corporation,14 partnership, joint venture, limited partnership, limited liabil ity partnership, limited15 liability company, or other entity or business association, inc luding all wholly owned16 S. B. 103 - 1 - 25 LC 46 0952 subsidiaries, majority owned subsidiaries, parent companies, or affiliates of such entities17 or business associations, that exists for the purpose of making profit.18 (2) 'Government of Iran' means the Islamic Republic of Iran.19 (3) 'Scrutinized company' means any company owned or operated by the government of20 Iran.21 (b) A scrutinized company shall be ineligible to, and shall not, bid on or submit a proposal22 for a contract with a state agency for goods or services.23 (c) A state agency shall require a company that submits a bid or proposal with respect to24 a contract for goods or services to certify that the company is not a scrutinized company.25 (d) If the Department of Administrative Services determines that a company has submitted26 a false certification under subsection (c) of this Code section:27 (1) The company shall be liable for a civil penalty in an amou nt that is equal to the28 greater of $250,000.00 or twice the amount of the contract for which a bid or proposal29 was submitted;30 (2) The state agency or the Department of Administrative Servi ces shall terminate the31 contract with the company; and32 (3) The company shall be ineligible to, and shall not, bid on a state contract."33 SECTION 2.34 All laws and parts of laws in conflict with this Act are repealed.35 S. B. 103 - 2 -