| 1 | 1 | | 25 LC 46 0952 |
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| 2 | 2 | | Senate Bill 103 |
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| 3 | 3 | | By: Senators Anavitarte of the 31st, Gooch of the 51st, Robertson of the 29th, Cowsert of the |
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| 4 | 4 | | 46th, Strickland of the 42nd and others |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | To amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia |
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| 8 | 8 | | 1 |
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| 9 | 9 | | Annotated, relating to general authority, duties, and procedure of the Department of2 |
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| 10 | 10 | | Administrative Services, so as to prohibit companies owned or operated by Iran to bid on or3 |
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| 11 | 11 | | submit a proposal for a state contract; to provide for definitions; to provide for certifications;4 |
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| 12 | 12 | | to provide penalties for false certifications; to provide for related matters; to repeal5 |
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| 13 | 13 | | conflicting laws; and for other purposes.6 |
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| 14 | 14 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 |
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| 15 | 15 | | SECTION 1.8 |
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| 16 | 16 | | Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated,9 |
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| 17 | 17 | | relating to general authority, duties, and procedure of the Department of Administrative10 |
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| 18 | 18 | | Services, is amended by adding a new Code section to read as follows:11 |
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| 19 | 19 | | "50-5-84.3. |
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| 20 | 20 | | 12 |
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| 21 | 21 | | (a) As used in this Code section, the term:13 |
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| 22 | 22 | | (1) 'Company' means any sole proprietorship, organization, association, corporation,14 |
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| 23 | 23 | | partnership, joint venture, limited partnership, limited liability partnership, limited15 |
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| 24 | 24 | | liability company, or other entity or business association, including all wholly owned16 |
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| 25 | 25 | | S. B. 103 |
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| 26 | 26 | | - 1 - 25 LC 46 0952 |
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| 27 | 27 | | subsidiaries, majority owned subsidiaries, parent companies, or affiliates of such entities17 |
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| 28 | 28 | | or business associations, that exists for the purpose of making profit.18 |
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| 29 | 29 | | (2) 'Government of Iran' means the Islamic Republic of Iran.19 |
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| 30 | 30 | | (3) 'Scrutinized company' means any company owned or operated by the government of20 |
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| 31 | 31 | | Iran.21 |
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| 32 | 32 | | (b) A scrutinized company shall be ineligible to, and shall not, bid on or submit a proposal22 |
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| 33 | 33 | | for a contract with a state agency for goods or services.23 |
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| 34 | 34 | | (c) A state agency shall require a company that submits a bid or proposal with respect to24 |
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| 35 | 35 | | a contract for goods or services to certify that the company is not a scrutinized company.25 |
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| 36 | 36 | | (d) If the Department of Administrative Services determines that a company has submitted26 |
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| 37 | 37 | | a false certification under subsection (c) of this Code section:27 |
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| 38 | 38 | | (1) The company shall be liable for a civil penalty in an amount that is equal to the28 |
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| 39 | 39 | | greater of $250,000.00 or twice the amount of the contract for which a bid or proposal29 |
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| 40 | 40 | | was submitted;30 |
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| 41 | 41 | | (2) The state agency or the Department of Administrative Services shall terminate the31 |
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| 42 | 42 | | contract with the company; and32 |
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| 43 | 43 | | (3) The company shall be ineligible to, and shall not, bid on a state contract."33 |
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| 44 | 44 | | SECTION 2.34 |
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| 45 | 45 | | All laws and parts of laws in conflict with this Act are repealed.35 |
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| 46 | 46 | | S. B. 103 |
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| 47 | 47 | | - 2 - |
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