35-391.06. Prohibition on government contracts

(Conditionally Rpld.)

A. This state and political subdivisions of this state shall ensure that each contract entered into by this state or a political subdivision of this state for the procurement of goods or services includes a clause that requires the contractor to certify to the contracting officer that the contractor does not have scrutinized business operations in Sudan.

B. If this state or a political subdivision of this state determines that the contractor has submitted a false certification under subsection A of this section, the state or political subdivision may impose remedies as provided by law. On the determination of a false certification under subsection A of this section, this state or a political subdivision of this state may terminate a covered contract.

C. This state or a political subdivision of this state shall notify the central procurement officer of this state of any contractor that has submitted a false certification under subsection A of this section.

D. Based on information reported in section 35-391.03, subsection A, the central procurement officer of this state shall compile and make available, on an annual basis, a list of parties excluded from Arizona procurement.

E. Based on information reported in section 35-391.03, subsection A, the central procurement officer of this state may suspend a contractor from eligibility for state or political subdivision contracts on the notification from the state or political subdivision of a false certification under subsection A of this section. The suspension period shall not exceed three years.

F. This section does not limit the use of other remedies available to this state or a political subdivision of this state or any other official of this state on the basis of a false certification under subsection A of this section.

G. The governor may waive the requirement of subsection A of this section on a case-by-case basis if the governor determines and certifies in writing to the central procurement officer of this state that it is in the state's best interest to do so.

H. Within one year after the effective date of this section, the central procurement officer of this state shall provide a written report to the senate financial institutions, insurance and retirement committee and the house of representatives public institutions and retirement committee, or their successor committees, and the governor on the actions taken under this section.

35-391.06. Prohibition on government contracts

(Conditionally Rpld.)

A. This state and political subdivisions of this state shall ensure that each contract entered into by this state or a political subdivision of this state for the procurement of goods or services includes a clause that requires the contractor to certify to the contracting officer that the contractor does not have scrutinized business operations in Sudan.

B. If this state or a political subdivision of this state determines that the contractor has submitted a false certification under subsection A of this section, the state or political subdivision may impose remedies as provided by law. On the determination of a false certification under subsection A of this section, this state or a political subdivision of this state may terminate a covered contract.

C. This state or a political subdivision of this state shall notify the central procurement officer of this state of any contractor that has submitted a false certification under subsection A of this section.

D. Based on information reported in section 35-391.03, subsection A, the central procurement officer of this state shall compile and make available, on an annual basis, a list of parties excluded from Arizona procurement.

E. Based on information reported in section 35-391.03, subsection A, the central procurement officer of this state may suspend a contractor from eligibility for state or political subdivision contracts on the notification from the state or political subdivision of a false certification under subsection A of this section. The suspension period shall not exceed three years.

F. This section does not limit the use of other remedies available to this state or a political subdivision of this state or any other official of this state on the basis of a false certification under subsection A of this section.

G. The governor may waive the requirement of subsection A of this section on a case-by-case basis if the governor determines and certifies in writing to the central procurement officer of this state that it is in the state's best interest to do so.

H. Within one year after the effective date of this section, the central procurement officer of this state shall provide a written report to the senate financial institutions, insurance and retirement committee and the house of representatives public institutions and retirement committee, or their successor committees, and the governor on the actions taken under this section.