Relating to qualifications to bid on or submit a proposal for certain public contracts, and providing penalties

This bill prohibits a foreign adversary company, a federally banned company, or a company that offers to provide goods or services manufactured or produced by such an entity from bidding on or submitting a proposal for a contract to supply goods or services to the state or a political subdivision of the state. The bill requires a company to certify that it is not ineligible for a public contract under the bill. If the certification is false, the department of administrative services (DAS) must assess the company a civil penalty of at least $250,000, the contract is void, and the company is ineligible to bid on a public contract for months. The bill permits a contract with a foreign adversary company or federally banned company if there is no other reasonable way to obtain the goods, the contract is preapproved by DAS, and failure to obtain the goods poses a greater threat than obtaining the goods from the prohibited entity. When making a bid or offer on a public contract, a company must disclose whether the bidder, offeror, or its corporate parents or subsidiaries had contracts with, or provided or received supplies or services to or from, a foreign adversary. A company must also certify that the bidder, offeror, or its corporate parents or subsidiaries has not had contracts with or provided goods or services to a military entity or political party of a foreign adversary, a foreign adversary company, or a federally banned company months before submission of the bid or offer. The public entity must submit this information to DAS. If the certification is false, the penalties previously set forth apply.