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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE II EXECUTIVE AND ADMINISTRATIVE OFFICERS
    OF THE COMMONWEALTH
  • CHAPTER 7 EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
  • Section 22C Procurement by state of goods or services from persons with an office or facility in Northern Ireland; certification; bids

Section 22C. (a) Except as otherwise provided in this section, a state agency, a state authority, the house of representatives or the state senate may not procure goods or services from any person employing ten or more employees in an office or other facility located in Northern Ireland, who fails to certify that:

(1) he does not discriminate in employment, compensation, or the terms, conditions and privileges of employment on account of religious or political belief; and

(2) he promotes religious tolerance within the work place, and the eradication of any manifestations of religious and other illegal discrimination.

The certification shall also confirm that the certifying person is not engaged in the manufacture, distribution or sale of firearms, munitions, including rubber or plastic bullets, tear gas, armored vehicles or military aircraft for use or deployment in any activity in Northern Ireland.

(b) A state agency, a state authority, or the house of representatives or the senate may procure goods or services from a person who employs ten or more employees in an office or other facility located in Northern Ireland and fails to provide the certification required by subsection (c) only after certifying, in writing, to the secretary or, in the case of a state authority, to the chief operating officer that:

(1) the procurement is essential; and

(2) compliance with this section would eliminate the only bid or offer or would result in inadequate competition.

(c) In any solicitation, a state agency, a state authority, the house of representatives or the senate shall provide notice of the requirements of this section. Prior to reviewing responses to bid documents for any procurements or, if there are none, prior to entering into any contractual arrangement, the awarding authority shall obtain from such person seeking a contract a statement under pains and penalties of perjury from an authorized representative, on a form to be provided by the awarding authority, that he does not employ ten or more employees in an office or other facility located in Northern Ireland or, if he does, certifying compliance with the principles listed in subsection (a) or declaring that he does not so certify.

(d) In any procurement that includes bidders or offerors who employ ten or more employees in an office or other facility located in Northern Ireland and do not certify compliance with the principles listed in subsection (a), the awarding authority may award the contract to a person who does not certify compliance with the principles listed in subsection (a) only if there is no comparable low bid or offer by a person who does so certify or who does not employ ten or more employees in an office or other facility located in Northern Ireland.

(e) A person who employs persons in Northern Ireland for the sole purpose of reporting the news, or solely for the purpose of providing goods or services for the provision of international telecommunications shall not be subject to the provisions of sections twenty-two C to twenty-two D, inclusive.