TITLE 37
Public Property and Works

CHAPTER 37-2.5
Prohibition on Contracting With Iran

SECTION 37-2.5-3


§ 37-2.5-3 Certain persons, entities prohibited from bidding on certain public contracts, maintenance of list.

(a) A person or entity that, at the time of bid or proposal for a new contract or renewal of an existing contract, is identified on a list created pursuant to subsection (b) as a person or entity engaging in investment activities in Iran as described in subsection 37-2.5-2(b), shall be ineligible to, and shall not, bid on, submit a proposal for, or enter into or renew, a contract with the state for goods or services.

(b) Within ninety (90) days of the effective date of this act, the treasurer shall, using credible information available to the public, develop a list of persons or entities it determines engage in investment activities in Iran as described in subsection 37-2.5-2(b).

(c) The treasurer shall update the list annually.

(d) Before finalizing an initial list pursuant to subsection (b) or an updated list pursuant to subsection (c) of this section, the treasurer shall do the following before a person or entity is included on the list:

(1) Provide ninety (90) days written notice of its intent to include the person or entity on the list. The notice shall inform the person or entity that inclusion on the list would make the person or entity ineligible to bid on, submit a proposal for, or enter into or renew, a contract for goods or services with the state; and

(2) Provide a person or entity with an opportunity to comment in writing that it is not engaged in investment activities in Iran. If the person or entity demonstrates to the treasurer that the person or entity is not engaged in investment activities in Iran as described in subsection 37-2.5-2(b), the person or entity shall not be included on the list, unless the person or entity is otherwise ineligible to bid on a contract as described in subdivision 37-2.5-5(a)(3).

(3) The treasurer shall make every effort to avoid erroneously including a person or entity on the list.

History of Section.
(P.L. 2013, ch. 173, § 2; P.L. 2013, ch. 225, § 2.)