§ 5-22-16.5-14 — Consequences for false certification; procedures; civil actions; persons barred from maintaining civil actions

Indiana § 5-22-16.5-14

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 22: PUBLIC PURCHASING
• Ch. 16.5: Disqualification of Contractors Dealing with the

Text

(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
(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.

Legislative History

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