2-Iran Disclosure Form plus cover page.pdf

STANDARD BID DOCUMENT REFERENCE

Section

Name of Form: DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN Instruction Reference: VII-F

Applicability Y/N Mandatory Optional N/A

LPCL Y Goods and Services X PSCL Y Construction X

Source References:

N.J.S.A. 52:32-55 et seq.

N.J.S.A. 40A:11-2.1 N.J.S.A. 18A:18A-49.4

Supplemental Reference:

Description:

N.J.S.A. 52:32-55, et seq., (P.L. 2012, c.25 and P.L. 2021, c.4) prohibits certain State and local public contracts with persons or entities engaging in certain investment activities in energy or finance sectors of Iran.

Bidders must indicate if they comply with the law by certifying the form.

LFN 2023-11 provided DLGS authoritative guidance concerning the procurement amount over which the Russia/Belarus and Iran investment disclosure forms are required. The guidance reads as follows:

“Given the threshold for vendor/contractor certification applied to State goods or services contracts, combined with the practical considerations of local purchasing, a contracting unit should rely on the advice of legal counsel in determining whether to apply its own local quote threshold to the Russia-Belarus certification; the Division will defer to contracting units on this point. However, be mindful that determinations of aggregation would apply here just as they would when determining whether a contract is subject to public bidding.”

Thus, contracting units should make an appropriate determination of threshold of when to require the Iran disclosure.

P.L. 2021, c.4 amended a section of the Iran Disclosure enabling law at N.J.S.A. 52:32-58(a) to clarify that the certification must be submitted to the contracting unit “…prior to the time a contract is awarded and at the time the contract is renewed.”

The Certification form requires the insertion of contracting unit identification information which should be filled in (in italics on the form) prior to its use.

Disclosure of Investment Activities in Iran

Person or Entity:

Part 1: Certification

BIDDERS ARE TO COMPLETE PART 1 BY CHECKING EITHER BOX.

Pursuant to Public Law 2012, c. 25, any person or entity that submits a bid or proposal or otherwise proposes to enter into or renew a contract must complete the certification below to attest, under penalty of perjury, that neither the person or entity, nor any of its parents, subsidiaries, or affiliates, is identified on the Department of Treasury's Chapter 25 list as a person or entity engaging in investment activities in Iran. The Chapter 25 list is found on the N.J. Division of Purchase and Property website at www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf.

Bidders must review this list prior to completing the below certification. Failure to complete the certification may render a bidder's proposal non-responsive. If a person or entity is found to be in potential violation of law, the matter shall be referred to the State Attorney General who shall take action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.

CHECK THE APPROPRIATE BOX:

I certify, pursuant to Public Law 2012, c. 25, that neither the bidder listed above nor any of the bidder's parents, subsidiaries, or affiliates is listed on the N.J. Department of the Treasury’s list of entities determined to be engaged in prohibited activities in Iran pursuant to P.L. 2012, c. 25 ("Chapter 25 List"). I further certify that I am the person listed above, or I am an officer or representative of the entity listed above and am authorized to make this certification on its behalf. I will skip Part 2 and sign and complete the Certification below.

OR

I am unable to certify as above because the bidder and/or one or more of its parents, subsidiaries, or affiliates is listed on the Department's Chapter 25 list. I will provide a detailed, accurate and precise description of the activities in Part 2 below sign and complete the Certification below. Failure to provide such will result in the proposal being rendered as nonresponsive and appropriate penalties, fines and/or sanctions will be assessed as provided by law.

Part 2 – Additional Information

PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN IRAN. You must provide a detailed, accurate and precise description of the activities of the bidding person/entity, or one of its parents, subsidiaries or affiliates, engaging in the investment activates in Iran on additional sheets provided by you.

Part 3: Certification I, being duly sworn upon my oath, hereby represent and state that the foregoing information and any attachments there to the best of my knowledge are true and complete. I attest that I am authorized to execute this certification on behalf of the above-referenced person or entity. I acknowledge that the Contracting Unit is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the Contracting Unit to notify the Contracting Unit in writing of any changes to the answers of information contained herein. I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement(s) with the Contracting Unit and that the Contracting Unit at its option may declare any contract(s) resulting from this certification void and unenforceable.

Full Name (Print): Title:

Signature: Date:

http://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf