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Subcommittee advances procurement ban on final products from federally designated foreign adversaries with grandfathering

2577128 · March 12, 2025
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Summary

House Bill 548 would prohibit state procurement of final products from companies tied to federal 'foreign adversary' designations; the subcommittee advanced the bill 5‑1 after debate clarified it applies to final products and generally does not void existing contracts until reprocurement.

Representative Cochran explained House Bill 548 to the Public Service Subcommittee as a policy to prohibit state procurement of "final products or services from a foreign adversary," using the federal government’s list of foreign adversary countries for definition. The committee adopted an amendment and advanced the bill to full committee, 5‑1.

During questioning, Representative McCallman and others asked whether the bill would void existing contracts and whether components manufactured by foreign adversary companies would be barred. Representative Cochran and legal staff clarified the approach: current contracts would not be invalidated while in effect; the restriction applies at procurement/repurcurement time and focuses on final retail products. Attorney Matt Mundy (committee legal counsel) explained that a product with a component made by a foreign adversary company could still be eligible if the final product itself was not a foreign adversary final product.

Representative Cochran described enforcement modeled on the Iran divestment process used in state procurement: vendors would sign attestations that the final product is not from a listed foreign adversary. Representative McCalman asked about a potential grandfathering mechanism; the sponsor confirmed existing contracts remain valid until they are reprocured.

Outcome and next steps

The subcommittee adopted the amendment and advanced House Bill 548 to the full committee on a 5‑1 voice vote. Committee counsel and the sponsor indicated the Department of General Services would likely need to draft procurement guidance and attestation forms if the bill progresses.