§ 17-706. False certification[Subtitle subject to abrogation]

   (a) Notice and opportunity to be heard. --

   (1) If a public body, using credible information available to the public, determines that a person has submitted a false certification under § 17-705(a)(1) of this subtitle, the public body shall provide written notice to the person and an opportunity for the person to demonstrate in writing that the person is not engaged in investment activities in Iran.

   (2) If the person fails to demonstrate to the public body within 90 days after the public body provides notice under paragraph (1) of this subsection that the person is not engaged in investment activities in Iran, the public body shall report to the Board and the Attorney General:

      (i) the name of the person determined to have submitted a false certification; and

      (ii) the information on which the public body made its decision.

(b) Action by Attorney General. --

   (1) The Attorney General may institute an action against a person determined to have submitted a false certification under § 17-705(a)(1) of this subtitle.

   (2) An action brought under this section shall be brought within 3 years from the date the certification is made.

(c) Penalties. -- If, in an action brought under this section, a court determines that a person submitted a false certification:

   (1) the person shall pay all reasonable costs and fees incurred in the civil action, including:

      (i) any costs incurred by the public body for the investigation that led to the finding of the false certification; and

      (ii) all reasonable costs and fees incurred by the Attorney General in bringing the action;

   (2) the court may impose a civil penalty equal to the greater of $ 1,000,000 or twice the amount of the contract for which the false certification was submitted;

   (3) the public body may terminate the contract for which the false certification was submitted; and

   (4) the person is ineligible to bid on a contract with a public body for a period of 3 years from the date of the court order.

(d) Protest of award of contract based on false certification. --

   (1) Except as provided in paragraph (2) of this subsection, an unsuccessful bidder or any other person may not protest the award of a contract or contract renewal on the basis of a false certification.

   (2) Paragraph (1) of this subsection does not prohibit a public body from filing a protest objecting to the award of a contract or contract renewal on the basis of a false certification.

(e) No private right of action. -- This subtitle does not create or authorize a private right of action.

HISTORY: 2012, chs. 446, 447.