Title 50, Chapter 5, Section 133
( 50-5-133)
(a) It shall be unlawful for a person to: (1) Knowingly and with intent to defraud, fraudulently obtain,
retain, attempt to obtain or retain, or aid another in
fraudulently obtaining or retaining or attempting to obtain or
retain, certification as a minority business enterprise for the
purposes of this part; (2) Knowingly and willfully make a false statement with the intent
to defraud, whether by affidavit, report, or other representation,
to a state official or employee for the purpose of influencing the
certification or denial of any certification of any entity as a
minority business enterprise; (3) Knowingly and willfully obstruct, impede, or attempt to
obstruct or impede any state official or employee who is
investigating the qualifications of a business entity which has
requested certification as a minority business enterprise; (4) Knowingly and willfully with intent to defraud, fraudulently
obtain, attempt to obtain, or aid another person in fraudulently
obtaining or attempting to obtain, public moneys to which the
person is not entitled under this part; or (5) Knowingly and willfully assign any contract awarded pursuant
to the Department of Administrative Services to any other business
enterprise without prior written approval of the Department of
Administrative Services. (b) Any person convicted of violating any provision of this Code
section shall be guilty of a felony, punishable by imprisonment for
not more than five years or a fine of not more than $10,000.00 or
both such imprisonment and fine. (c) If a contractor, subcontractor, supplier, subsidiary, principal,
or affiliate thereof has been found to have violated this Code
section and that violation occurred within three years of another
violation of this Code section, the Department of Administrative
Services shall prohibit that contractor, subcontractor, supplier,
subsidiary, or affiliate thereof from entering into a state project
or state contract; from further bidding to a state entity; from
being a subcontractor to a contractor for a state entity; and from
being a supplier to a state entity. |