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Arizona Revised Statutes Title 35. Public Finances § 35-394. Contracting; procurement; prohibition; written certification; remedy; termination; exception; definitions

Current as of January 01, 2025 | Updated by Findlaw Staff

A. A public entity may not enter into or renew a contract with a company to acquire or dispose of services, supplies, information technology, goods or construction unless the contract includes a written certification that the company does not currently, and agrees for the duration of the contract that it will not, use:

1. The forced labor of ethnic Uyghurs in the People's Republic of China.

2. Any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China.

3. Any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People's Republic of China.

B. If a company that has provided a written certification pursuant to subsection A of this section becomes aware during the term of the contract that the company is not in compliance with the written certification, the company shall notify the public entity within five business days after becoming aware of the noncompliance. If the company does not provide the public entity with a written certification that the company has remedied the noncompliance within one hundred eighty days after notifying the public entity of the noncompliance, the contract terminates, except that if the contract termination date occurs before the end of the remedy period, the contract terminates on the contract termination date.

C. This section does not apply to a contract entered into before September 24, 2022.

D. For the purposes of this section:

1. “Company” means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company or other entity or business association, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate, that engages in for-profit activity and that has ten or more full-time employees.

2. “Public entity” means this state, a political subdivision of this state or an agency, board, commission or department of this state or a political subdivision of this state.

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Cite this article: FindLaw.com - Arizona Revised Statutes Title 35. Public Finances § 35-394. Contracting; procurement; prohibition; written certification; remedy; termination; exception; definitions - last updated January 01, 2025 | https://codes.findlaw.com/az/title-35-public-finances/az-rev-st-sect-35-394/

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