South Carolina restricts campaign contributions by a contractor to a candidate who participated in awarding the contract. South Carolina Code §8-13-1342 provides: No person who has been awarded a contract with the State, a county, a municipality, or a political subdivision thereof, other than contracts awarded through competitive bidding practices, may make a contribution after … Read more »
Category: Government Contracting
Ohio’s Pay-To-Play Law
On January 2, 2007, then Ohio Governor Taft signed into law Substitute House Bill 694, enacting changes to Ohio’s pay-to-play laws. The new law places restrictions on many political contributors who currently hold, or are competing for, a contract with the state or local government. The new law also extends these prohibitions to many local … Read more »
Hawaii’s Pay-To-Play Law
Hawaii Revised Statutes §11-205.5 places limitations on campaign contributions by state and county contractors. Read more »
Connecticut’s Pay-to-Play Law
Connecticut’s law imposes a contribution and solicitation ban on state contractors, prospective state contractors, and their principals. A few, but not all, of the principals now covered under the law are as follows: Members of the company’s Board of Directors; Individuals owning 5% or more of the company’s stock; Individuals at the company living or … Read more »
New Jersey’s Pay-to-Play Law
New Jersey enacted the Campaign Contributions and Expenditure Reporting Act, N.J.S.A. 19:44A-20.13 et seq. (“Chapter 51”) to limit abuses of pay-to-play. Among other things, Chapter 51 prohibits a State agency from awarding a State contract whose value exceeds $17,500 to a business entity that contributed more than $300 to the Governor, a candidate for Governor, … Read more »
States With Pay-to-Play Laws
Twelve states have some variant of a pay-to-play law: California, Connecticut, Hawaii, Kentucky, Maryland, New Jersey, New Mexico, Ohio, Pennsylvania, South Carolina, Rhode Island, and West Virginia. Regardless of where you are doing business, if it entails contracting with, attempting to contract with or otherwise providing goods or services to a governmental entity, you need … Read more »
Registration Disclosure for Illinois Entity Registration
Illinois has a new business entity registration for procurement law in place to counteract “pay-to-play” in state contracting. As part of the registration process, you must register the company as well as any “affiliated entity” and any “affiliated person.” Both of these terms are defined in Section 50-37 of Illinois Procurement Code. “Affiliated person” means … Read more »
Illinois Business Entity Registration for Procurement
On January 1, 2009, two “pay-to-play” measures went into effect in Illinois. Public Act 95-971 (.pdf) requires any business whose state contracts and/or bids on state contracts exceed $50,000 annually (“Covered Entity”) to register with the Board by January 31, 2009. The registration includes the Covered Entity’s name and address; the name and address of … Read more »
Violation Reporting under the Federal Acquisition Regulations
Government contractors have new reporting requirements under the Federal Acquisition Regulations. Beginning December 12, 2008, contractors and subcontractors performing federal contracts—irrespective of monetary value or duration—will be legally obligated to disclose to the relevant federal agency’s Office of Inspector General credible evidence of federal criminal law violations involving fraud, conflict of interest, bribery or gratuities; … Read more »
Update to the Federal Acquisition Regulations
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to amplify the requirements for a contractor code of business ethics and conduct, an internal control system, and disclosure to the Government of certain violations of criminal law, violations of the … Read more »