PRIOR PRINTER'S NOS. 205, 1390
PRINTER'S NO. 1433
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY DUNBAR, BLOOM, PICKETT, SAYLOR, TOEPEL, TRUITT, METCALFE, D. COSTA, QUINN, KAUFFMAN, SIMMONS, MOUL, SWANGER, REESE, MILLER, GINGRICH, V. BROWN, MATZIE, LAWRENCE, MILNE, GRELL, STERN, BENNINGHOFF, GROVE, GILLEN, EVANKOVICH, DENLINGER AND ENGLISH, JANUARY 22, 2013
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, APRIL 9, 2013
1Amending Title 62 (Procurement) of the Pennsylvania Consolidated
2Statutes, in source selection and contract formation, further
3providing for competitive sealed proposals; providing for
4investment activities in Iran; and imposing civil penalties.
9§ 513. Competitive sealed proposals.
10* * *
11(e) Evaluation.--The relative importance of the evaluation
12factors shall be fixed prior to opening the proposals. A
13Commonwealth agency [is required to] shall invite its
14comptroller to participate in the evaluation as a nonvoting
15member of any evaluation committee. No individual who has been
16employed by an offeror within the preceding two years may
17participate in the evaluation of proposals.
1* * *
6IRAN FREE PROCUREMENT
7Section 3. Title 62 is amended by adding sections to read:
8§ 3501. Definitions.
16"Person." An individual, organization, a financial
17institution, sole proprietorship, association, corporation,
18partnership, joint venture, limited partnership, limited
19liability partnership, limited liability company or other entity
20or business association that exists for the purpose of making a
21profit or government entity that includes a multilateral
22development institution as defined in section 1701 of the
23International Financial Institutions Act (Public Law 95-118, 22
25§ 3502. Engaging in investment activities.
7(i) The person uses the credit to provide goods or
8services to the energy sector in Iran.
9(ii) The person is identified on a list created
12§ 3503. List of persons engaged in investment activities.
13(a) List.--The department shall develop a list of persons
14whom the department determines are engaged in investment
15activities in Iran as described in section 3502 (relating to
16engaging in investment activities). The department shall make
17its determination based on publicly available, credible
18information. The department shall update the list every 180
19days. Ninety days prior adding a person to the list, the
20department shall do all of the following:
21(1) Provide notice to the person of the department's
22intention to add the person to the list. The notice shall
23inform the person that inclusion on the list makes the person
24ineligible to enter into a contract with a Commonwealth
25entity for goods or services worth at least $1,000,000. The
26notice shall specify that if the person ceases to engage in
27investment activities in Iran, the person may regain
28eligibility upon removal from the list.
3(b) Ineligibility of persons on list.--A person identified
4on a list under subsection (a) shall be ineligible to enter into
5a contract with a Commonwealth entity for goods or services
6worth at least $1,000,000.
10(d) Retirement system investments.--A person who enters into
11a contract with the Public School Employees' Retirement System
12or the State Employees' Retirement System shall not be deemed a
13person who engages in investment activities in Iran on the basis
14of the person's investments with the retirement system.
15(e) Exception.--On a case-by-case basis, the department may
16permit a person engaging in investment activities in Iran to
17enter a contract with a Commonwealth entity for goods or
18services worth at least $1,000,000 if all of the following
27§ 3504. Certification.
1activities) and is eligible under this chapter to contract with
2the Commonwealth. Prior to entering into a contract with a
3Commonwealth entity, a person shall provide a certification form
4to the Commonwealth entity, unless the person is exempt under
6§ 3505. Penalties for false certification.
7(a) Penalties.--Upon determination by the department that a
8person has provided a false certification form to a Commonwealth
9entity under section 3504 (relating to certification), the
10person shall be subject to the following:
14(2) Termination of the existing contract with the
15Commonwealth entity for a period of three years from the date
16of the determination that the person submitted the false
17certification. Following the three-year period, the
18Commonwealth entity or the department may permanently
19terminate the contract.
20(b) Report of false certification.--The department shall
21report to the Attorney General the name of the person who
22submitted the false certification and the pertinent information
23that led to the department's determination. No later than three
24years after the department makes a determination under
25subsection (a), the Attorney General shall determine whether to
26bring a civil action against the person to collect the penalty
27described in subsection (a). If a court determines the person
28submitted a false certification, the person shall pay all
29reasonable costs and fees incurred in the civil action.
30Reasonable costs shall include the reasonable costs incurred by
6§ 3506. Expiration.
12(2) The President or Congress of the United States,
13through legislation or executive order, declares that
14mandatory divestment of the type provided for in this chapter
15interferes with the conduct of United States foreign policy.
16Section 4. This act shall take effect as follows:
19(2) This section shall take effect immediately.