Contracting with companies owned by China

(a) As used in this Code section, the term: (1) “Company” means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit. (2) “Government of China” means the People’s Republic of China led by the Chinese Communist Party. (3) “Scrutinized company” means any company owned or operated by the government of China. 570 50-5-84.2 DEPT. OF ADMINISTRATIVE SERVICES 50-5-85 (b) A scrutinized company shall be ineligible to, and shall not, bid on or submit a proposal for a contract with a state agency for goods or services. (c) A state agency shall require a company that submits a bid or proposal with respect to a contract for goods or services to certify that the company is not a scrutinized company. (d) If the Department of Administrative Services determines that a company has submitted a false certification under subsection (c) of this Code section: (1) The company shall be liable for a civil penalty in an amount that is equal to the greater of $250,000.00 or twice the amount of the contract for which a bid or proposal was submitted; (2) The state agency or the Department of Administrative Services shall terminate the contract with the company; and (3) The company shall be ineligible to, and shall not, bid on a state contract. History. Code 1981, § 50-5-84.2, enacted by Ga. L. 2022, p. 567, § 1/SB 346; Ga. L. 2023, p. 730, § 6(b)(3)/HB 475, effective July 1, 2023. Effective date. This Code section became effective July 1, 2022. The 2023 amendment, effective July 1, 2023, part of an Act to revise, modernize, and correct the Code, substituted “government” for “Government” in paragraph (a)(3).