(1) As used in this section:

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(a) ‘Affiliated entity’ means an entity that a prospective contractor controls, that controls the prospective contractor or that another entity controls in common with the prospective contractor.

(b) ‘Conflict minerals’ means:

(A) Columbite-tantalite or an ore for tantalum;

(B) Cassiterite or an ore for tin;

(C) Wolframite or an ore for tungsten;

(D) Gold;

(E) A derivative of any of the minerals identified in subparagraph (A), (B), (C) or (D) of this paragraph; or

(F) Any other mineral or derivative of a mineral the extraction, sale, distribution or use of which a state contracting agency determines, based on findings that the United States Secretary of State makes, is financing conflict in the Democratic Republic of the Congo or a country that shares an internationally recognized border with the Democratic Republic of the Congo.

(2)(a) A state contracting agency in solicitation documents for a public contract shall require a prospective contractor to state in the prospective contractor’s bid or proposal for the public contract:

(A) Whether and to what extent any of the materials the prospective contractor or an affiliated entity of the prospective contractor intends to use in performing the public contract are conflict minerals; and

(B) That the prospective contractor’s and the affiliated entity’s disclosures, policies, practices and procedures with respect to procuring conflict minerals comply with the most recent edition of the Organization for Economic Cooperation and Development’s Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas.

(b) A prospective contractor may meet the requirement set forth in paragraph (a) of this subsection by linking or referring in a bid or proposal to a description of disclosures, policies, practices and procedures with respect to procuring conflict minerals that the prospective contractor or the affiliated entity has posted on the prospective contractor’s or affiliated entity’s website or has otherwise made available as an official publication that is accessible to the public.

(3) Notwithstanding provisions of law that require a state contracting agency to award a public contract to the lowest responsible bidder or to the prospective contractor that submits the best proposal or quotation, to the extent that procurement requires or will use conflict minerals, a state contracting agency shall give a preference to each prospective contractor that meets the requirements set forth in subsection (2) of this section. [2019 c.294 § 2]

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