PRIOR PRINTER'S NO. 205 | PRINTER'S NO. 1390 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. | 201 | Session of 2013 |
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 SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, APRIL 8, 2013
AN ACT
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.
5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:
7Section 1. Section 513(e) of Title 62 of the Pennsylvania
8Consolidated Statutes is amended to read:
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* * *
<-2Section 2. The heading of Chapter 35 of Title 62 is amended
3to read:
4CHAPTER 35
5[(RESERVED)]
6IRAN FREE PROCUREMENT
7Section 3. Title 62 is amended by adding sections to read:
8§ 3501. Definitions.
9"Department." The Department of General Services of the
10Commonwealth.
11"Financial institution." The term as defined in section 14
12of the Iran Sanctions Act of 1996 (Public Law 104-172, 50 U.S.C.
13§ 1701).
14"Iran." The government of Iran or an agency or
15instrumentality of Iran.
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
24U.S.C. 262r).
25§ 3502. Engaging in investment activities.
26A person or financial institution engages in an investment
27activity by doing any of the following:
28(1) Providing goods or services worth at least
29$20,000,000, including oil tankers or transporters and
30liquefied natural gas tankers or transporters, to the energy
1sector of Iran, or products used to construct or maintain
2pipelines used to transport oil or liquefied natural gas for
3the energy sector of Iran.
4(2) Extending at least $1,000,000 in credit to a person
5for 45 days or more if all of the following apply:
6(i) The person uses the credit to provide goods or
7services to the energy sector in Iran.
8(ii) The person is identified on a list created
9under section 3503 (relating to list of persons engaged
10in investment activities).
11§ 3503. List of persons engaged in investment activities.
12(a) List.--The department shall develop a list of persons
13whom the department determines are engaged in investment
14activities in Iran as described in section 3502 (relating to
15engaging in investment activities). The department shall make
16its determination based on publicly available, credible
17information. The department shall update the list every 180
18days. Ninety days prior adding a person to the list, the
19department shall do all of the following:
20(1) Provide notice to the person of the department's
21intention to add the person to the list. The notice shall
22inform the person that inclusion on the list makes the person
23ineligible to enter into a contract with a Commonwealth
24entity for goods or services worth at least $1,000,000. The
25notice shall specify that if the person ceases to engage in
26investment activities in Iran, the person may regain
27eligibility upon removal from the list.
28(2) Provide the person an opportunity to comment in
29writing to the department. The person shall maintain
30eligibility if the person demonstrates no engagement in
1investment activities in Iran.
2(b) Ineligibility of persons on list.--A person identified
3on a list under subsection (a) shall be ineligible to enter into
4a contract with a Commonwealth entity for goods or services
5worth at least $1,000,000.
6(c) Fee.--The department may assess a fee to obtain a copy
7of the list. Upon request, the department shall provide the list
8free of charge to the General Assembly or a public entity.
9(d) Retirement system investments.--A person who enters into
10a contract with the Public School Employees' Retirement System
11or the State Employees' Retirement System shall not be deemed a
12person who engages in investment activities in Iran on the basis
13of the person's investments with the retirement system.
14(e) Exception.--On a case-by-case basis, the department may
15permit a person engaging in investment activities in Iran to
16enter a contract with a Commonwealth entity for goods or
17services worth at least $1,000,000 if all of the following
18apply:
19(1) The investment activities in Iran were made before
20and were not expanded after July 1, 2010.
21(2) The person refrains from engaging in any future
22investment activities in Iran.
23(3) The department determines that the Commonwealth
24entity has no other method of obtaining the goods or services
25than entering into a contract with the person.
26§ 3504. Certification.
27The department shall make available a certification form
28indicating that a person is not on the list under section
293503(a) (relating to list of persons engaged in investment
30activities) and is eligible under this chapter to contract with
1the Commonwealth. Prior to entering into a contract with a
2Commonwealth entity, a person shall provide a certification form
3to the Commonwealth entity, unless the person is exempt under
4section 3503(e).
5§ 3505. Penalties for false certification.
6(a) Penalties.--Upon determination by the department that a
7person has provided a false certification form to a Commonwealth
8entity under section 3504 (relating to certification), the
9person shall be subject to the following:
10(1) A civil penalty in the amount of $250,000 or twice
11the amount of the investment, whichever is greater. Only one
12civil penalty may be imposed upon a person per investment.
13(2) Termination of the existing contract with the
14Commonwealth entity for a period of three years from the date
15of the determination that the person submitted the false
16certification. Following the three-year period, the
17Commonwealth entity or the department may permanently
18terminate the contract.
19(b) Report of false certification.--The department shall
20report to the Attorney General the name of the person who
21submitted the false certification and the pertinent information
22that led to the department's determination. No later than three
23years after the department makes a determination under
24subsection (a), the Attorney General shall determine whether to
25bring a civil action against the person to collect the penalty
26described in subsection (a). If a court determines the person
27submitted a false certification, the person shall pay all
28reasonable costs and fees incurred in the civil action.
29Reasonable costs shall include the reasonable costs incurred by
30the Commonwealth entity in investigating the authenticity of the
1certification. Only one civil action against the person may be
2brought for a false certification on a contract.
3(c) No private right of action.--Nothing in this section may
4be construed to create or authorize a private right of action.
5§ 3506. Expiration.
6The department shall have no obligations under this chapter
7with respect to a company engaged in business activities in Iran
8upon the occurrence of any of the following:
9(1) Iran does not appear on the List of State Sponsors
10of Terrorism.
11(2) The President or Congress of the United States,
12through legislation or executive order, declares that
13mandatory divestment of the type provided for in this chapter
14interferes with the conduct of United States foreign policy.
15Section 2 4. This act shall take effect in <-60 days. as
16follows:
17(1) The amendment of 62 Pa.C.S. Ch. 35 shall take effect
18January 1, 2014, or immediately, whichever is later.
19(2) This section shall take effect immediately.
20(3) The remainder of this act shall take effect in 60
21days.