63G-6a-121. Specific procurement restrictions relating to forced labor and restricted foreign entities.

485 words·~2 min read·/ut/title-63g/chapter-6a/63g-6a-121

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 1/1/2025

(1)As used in this section:

(a)"Forced labor" means labor from a child or an adult that is obtained through the use of force or coercion.

(b)"Forced labor product" means a product that was made:

(i)using forced labor; or

(ii)includes a component that was made using forced labor.

(c)"Restricted foreign entity" means:

(i)a company that is owned or directly controlled by the government of China, Iran, North Korea, or Russia;

(ii)a company that the United States Secretary of Defense is required to list as a military company under the requirements of federal national defense authorization acts;

(iii)an affiliate of a company described in Subsection (1)(c)(i) or (1)(c)(ii);

(iv)a company, entity, or other subsidiary headquartered in the country with a commercial or defense industrial base of which a company described in Subsection (1)(c)(ii) is a part;

(v)a company appearing on the designated entity lists of the United States Department of Defense, United States Department of Commerce, or the Federal Communications Commission; or

(vi)a subsidiary of a company described in Subsection (1)(c)(i), (1)(c)(ii), or (1)(c)(v) or a country, company, or other entity described in Subsection (1)(c)(iv).

(a)Except as provided under Subsection (3), an executive branch procurement unit, judicial procurement unit, or legislative procurement unit may not procure:

(i)technology or technology services, networks, or systems from a restricted foreign entity; or

(ii)a forced labor product.

(i)A vendor that submits a bid or a proposal to a procurement unit described in Subsection (2)(a) for a contract involving technology or technology services, networks, or systems, shall certify that the vendor is not a restricted foreign entity.

(ii)A vendor that submits a bid or proposal to a procurement unit described in Subsection (2)(a) for a contract involving a product shall certify that the product is not a forced labor product.

(a)Except as provided under Subsection (3)(b), a procurement unit described in Subsection (2)(a) shall reject a bid or proposal submitted in violation of Subsection (2).

(b)A procurement unit described in Subsection (2)(a) is not required to comply with the requirements described in Subsection

(2)if:

(i)the procurement unit has determined that there are no other reasonable options for the procurement; or

(ii)the product or service, or the contract pertaining to the product or service, was obtained or entered into before May 1, 2024.

(4)The board may make rules in accordance with Chapter 3, Utah Administrative Rulemaking Act, to address procurement restrictions relating to restricted foreign entities and forced labor products.

(5)Notwithstanding this section, a procurement of an unmanned aircraft system is governed by Title 72, Chapter 10, Part 12, Prohibition on the Purchase of Unmanned Aircraft Manufactured or Assembled by a Covered Foreign Entity.

Enacted by Chapter 495 , 2024 General Session