Except as otherwise provided by law, a beneficiary, certified business enterprise, certified joint venture, or an individual may not: Identify a small or certified business enterprise in a bid or proposal unless it: Has obtained authorization from the small or certified business enterprise to identify the small or certified business enterprise in its bid or proposal; Has notified the small or certified business enterprise before execution of the contract of its inclusion in the bid or proposal; and Uses the small or certified business enterprise in the performance of the contract; or Pay the small or certified business enterprise solely for the use of its name in the bid or proposal. A violation of any provision of this subsection is a felony and is subject to a fine not to exceed $15,000, imprisonment not to exceed 5 years, or both. A beneficiary, certified business enterprise, certified joint venture, or an individual shall not make false statements about whether a business is certified by the Department as a certified business enterprise or a certified joint venture. A violation of this subsection is a misdemeanor and is subject to a fine not to exceed $5,000, imprisonment not to exceed one year, or both.
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