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Current as of January 02, 2024 | Updated by Findlaw Staff
(a) Except as provided in subsection (e), a foreign adversary company is prohibited from bidding on or submitting a proposal for a contract with a state agency or political subdivision of this state for information and communications technology.
(b) For the purpose of complying with subsection (a), a company shall not, as a third-party vendor, knowingly sell final products or services to a state agency or a political subdivision of this state that include information and communication technologies if such final product or service is manufactured or produced by a foreign adversary company. The restriction does not apply to information and communications technologies which have inputs from a foreign adversary company but that are not final products or services of a foreign adversary company.
(c) A state agency or political subdivision of this state shall require a company that submits a bid or proposal for a contract for information and communication technology to certify that the company is not a foreign adversary company as described in subsection (a) and is not knowingly selling final products or services of a foreign adversary company to a state agency or political subdivision as described in subsection (b).
(d) If the commissioner determines that a company has submitted a false certification under subsection (c):
(1) The company is liable for a civil penalty in an amount that is equal to the greater of two hundred fifty thousand dollars ($250,000) or twice the amount of the contract for which a bid or proposal was submitted;
(2) The state agency or chief procurement officer shall terminate the contract with the company; and
(3) The company is prohibited from bidding on a state contract for sixty (60) months.
(e) Notwithstanding the prohibitions in subsections (a) and (b), a state agency may enter into a contract for a final product or service or information and communications technology produced by a foreign adversary company if:
(1) There is no other reasonable option for procuring the final product or service or information and communications technology; and
(2) The contract is preapproved by the chief procurement officer, state agency, or political subdivision after a determination that not procuring the final product or service or information and communications technology would pose a greater threat to the state than the threat associated with the information and communications technology itself.
Cite this article: FindLaw.com - Tennessee Code Title 4. State Government § 4-56-204 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-4-state-government/tn-code-sect-4-56-204/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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