SECTIONS 42480 - California Statutes

PUBLIC RESOURCES CODE

SECTION 42480

42480. (a) (1) A state agency that purchases or leases covered
electronic devices shall require each prospective bidder, to certify
that it, and its agents, subsidiaries, partners, joint venturers, and
subcontractors for the procurement, have complied with this chapter
and any regulations adopted pursuant to this chapter, or to
demonstrate that this chapter is inapplicable to all lines of
business engaged in by the bidder, its agents, subsidiaries,
partners, joint venturers, or subcontractors.
(2) The certification requirement set forth in paragraph (1) does
not apply to a credit card purchase of goods of two thousand five
hundred dollars ($2,500) or less. The total amount of exemption
authorized herein shall not exceed seven thousand five hundred
dollars ($7,500) per year for each company from which a state agency
is purchasing goods by credit card. It shall be the responsibility of
each state agency to monitor the use of this exemption and adhere to
these restrictions on these purchases.
(b) Failure to provide certification pursuant to this section
shall render the prospective bidder and its agents, subsidiaries,
partners, joint venturers, and subcontractors ineligible to bid on
the procurement of covered electronic devices.
(c) The bid solicitation documents shall specify that the
prospective bidder is required to cooperate fully in providing
reasonable access to its records and documents that evidence
compliance with this chapter.
(d) Any person awarded a contract by a state agency that is found
to be in violation of this section is subject to the following
sanctions:
(1) The contract shall be voided by the state agency to which the
equipment, materials, or supplies were provided.
(2) The contractor is ineligible to bid on any state contract for
a period of three years.
(3) If the Attorney General establishes in the name of the people
of the State of California that any money, property, or benefit was
obtained by a contractor as a result of violating this section, the
court may, in addition to any other remedy, order the disgorgement of
the unlawfully obtained money, property, or benefit in the interest
of justice.