(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).
(2)
(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.
(b)
- (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.
(3)
- (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