73-907. Violations of act; contract; null and void; liability; action; procedure.
293 words·~1 min read·
/ne/chapter-73/73-907A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Any contract entered into in violation of the Foreign Adversary Contracting Prohibition Act shall be null and void.
(2)Any scrutinized company that violates section 73-904 or that violates the certification provided pursuant to section 73-905 :
(a)Shall be liable for a civil penalty in an amount equal to the highest of the following three amounts:
(i)Two hundred fifty thousand dollars;
(ii)Twice the amount of the contract for which a bid or proposal was submitted; or
(iii)The amount of any losses suffered by the public entity as a result of such violation; and
(b)Shall be ineligible to enter into any contract with any public entity for a period of five years.
(3)The Attorney General may bring an action in any court of competent jurisdiction against any person that violates the Foreign Adversary Contracting Prohibition Act.
(4)If a public entity believes that a company has violated the certification provided pursuant to section 73-905 , the public entity shall give such company notice of the alleged violation. The company shall then have sixty days to respond to the notice. The public entity shall make a final determination on whether a violation of such certification has occurred within sixty days after receipt of the response from the company. If the public entity determines that a violation has occurred, the public entity may refer the matter to the Attorney General.
(5)Any individual may act as a whistleblower and report suspected violations of section 73-904 or suspected violations of the certification provided pursuant to section 73-905 to the Attorney General. If the reported violation results in a civil penalty under this section, the whistleblower shall be entitled to a reward equal to thirty percent of the civil penalty assessed.