This text of Louisiana § 39:1602.1 (Prohibition of discriminatory boycotts of Israel in state procurement) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§1602.1. Prohibition of discriminatory boycotts of Israel in state procurement
A. The legislature finds all of the following:
(1)Israel is a faithful friend of the United States and the state of Louisiana.
(2)The state of Louisiana does not support boycott-related tactics that are used to
threaten the sovereignty and security of allies and trade partners of the United States.
(3)In 2005, a Boycott, Divestment, and Sanctions (BDS) campaign was initiated
against Israel that pressured companies to sever commercial ties with Israel for the purpose
of economically isolating the country.
(4)Israel and the state of Louisiana enjoy a robust trading relationship that is in the
best interests of the people of Louisiana.
(5)The refusal by a company operating in Louisiana to do business with Isra
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§1602.1. Prohibition of discriminatory boycotts of Israel in state procurement
A. The legislature finds all of the following:
(1) Israel is a faithful friend of the United States and the state of Louisiana.
(2) The state of Louisiana does not support boycott-related tactics that are used to
threaten the sovereignty and security of allies and trade partners of the United States.
(3) In 2005, a Boycott, Divestment, and Sanctions (BDS) campaign was initiated
against Israel that pressured companies to sever commercial ties with Israel for the purpose
of economically isolating the country.
(4) Israel and the state of Louisiana enjoy a robust trading relationship that is in the
best interests of the people of Louisiana.
(5) The refusal by a company operating in Louisiana to do business with Israel with
the goal of advancing the BDS campaign harms the Israel-Louisiana relationship and the
Louisiana economy.
(6) The state of Louisiana unequivocally rejects the BDS campaign and stands firmly
with Israel.
B.(1) Consistent with existing Louisiana non-discrimination provisions and
regulations governing purchases, executive branch agencies may not execute a procurement
contract with a vendor if that vendor is engaging in a boycott of Israel.
(2) Executive branch agencies shall reserve the right to terminate any procurement
contract with a vendor that engages in a boycott of Israel during the term of the contract.
C.(1) A vendor shall certify in writing, when a bid is submitted or when a
procurement contract is awarded, that:
(a) It is not engaging in a boycott of Israel.
(b) It will, for the duration of its contractual obligations, refrain from a boycott of
Israel.
(2) All competitive sealed bids and proposals issued for procurement contracts with
executive branch agencies shall include the text of the following certification:
"By submitting a response to this solicitation, the bidder or proposer certifies and
agrees that the following information is correct: In preparing its response, the bidder or
proposer has considered all proposals submitted from qualified, potential subcontractors and
suppliers, and has not, in the solicitation, selection, or commercial treatment of any
subcontractor or supplier, refused to transact or terminated business activities, or taken other
actions intended to limit commercial relations, with a person or entity that is engaging in
commercial transactions in Israel or Israeli-controlled territories, with the specific intent to
accomplish a boycott or divestment of Israel. The bidder also has not retaliated against any
person or other entity for reporting such refusal, termination, or commercially limiting
actions. The state reserves the right to reject the response of the bidder or proposer if this
certification is subsequently determined to be false, and to terminate any contract awarded
based on such a false response."
D.(1) The commissioner of the division of administration or his designee shall
oversee this Section to ensure implementation as quickly and efficiently as practicable.
(2) The commissioner or his designee may promulgate regulations to implement the
provisions of this Section so long as they are consistent with this Section and do not create
any exceptions to it.
E. This Section shall not operate to modify any obligations of executive branch
agencies under state or federal law.
F. This Section does not apply to procurement contracts with a value of less than one
hundred thousand dollars and for vendors with fewer than five employees.
G. The commissioner of the division of administration or his designee may waive
application of this Section on a procurement contract if he determines that compliance is not
practicable or in the best interests of the state.