Sec. 14. (a) If a purchasing agency, using credible information available to the public, determines that a certification given by a person to the purchasing agency’s governmental body is false, the purchasing agency shall:

(1) notify the person in writing of the purchasing agency’s determination that the certification is false; and

Terms Used In Indiana Code 5-22-16.5-14

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Contract: A legal written agreement that becomes binding when signed.
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Iran: includes the government of Iran and any agency or instrumentality of the government of Iran. See Indiana Code 5-22-16.5-5
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
(2) give the person ninety (90) days within which to respond to the written notice.

     (b) If the person fails to demonstrate to the purchasing agency that the person has ceased the person’s investment activities in Iran within ninety (90) days after the notice is given to the person under subsection (a), the following apply:

(1) The purchasing agency shall report to the attorney general the following:

(A) The name of the person that the purchasing agency has determined to have submitted a false certification.

(B) The information upon which the purchasing agency has made its determination.

The attorney general shall determine whether to bring a civil action under this section against the person.

(2) If the purchasing agency is a political subdivision, the purchasing agency may also provide the information described in subdivision (1) to an attorney representing the political subdivision. An attorney representing the political subdivision may bring a civil action under this section against the person if the attorney general declines to bring a civil action against the person under this chapter.

(3) If it is determined in a civil action under this section that the person submitted a false certification, the following apply:

(A) The court may impose on the person a civil penalty of two hundred fifty thousand dollars ($250,000).

(B) The person shall pay all reasonable costs incurred in the action, including the following:

(i) Costs incurred by the governmental body in the investigations that led to the purchasing agency’s finding that the person filed a false certification.

(ii) Reasonable attorney’s fees and other litigation costs incurred by the governmental body.

(C) The purchasing agency may terminate the contract with the governmental body with respect to which the false certification was made.

(D) The purchasing agency may consider the person nonresponsible for purposes of the awarding of any contracts by the governmental body for not more than three (3) years after the date of the purchasing agency’s determination under subsection (a).

     (c) A civil action brought under this section must be filed not later than three (3) years after the purchasing agency makes the determination under subsection (a).

     (d) A person other than the governmental body, including an unsuccessful offeror, may not:

(1) bring a civil action under this section;

(2) file a bid protest; or

(3) bring any other kind of action;

based on the purchasing agency’s determination of a false certification under subsection (a).

     (e) This section does not create a private right of action for the imposition of the penalties provided for in this section.

As added by P.L.21-2012, SEC.4. Amended by P.L.233-2015, SEC.14.

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