21._Darfur_Contracting_Act_(CCHCS-MC-394).pdf
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- Attached to
- SD23-00088 Ocular Prosthetic Services (Region 4)
- Solicitation number
- 0000032627
- Issued by
- San Bernardino County, California
About this file
This document is a Darfur Contracting Act form related to Bid Number 23-00088 CCHCS-MC-394 for Information Technology (IT) goods or services. It requires bidders to certify whether they currently have or have had within the previous three years business activities or other operations outside of the United States. Bidders must either confirm they do not have such activities, confirm they are a "scrutinized company" but have received written permission from the Department of General Services to submit a bid, or certify they are not a "scrutinized company" as defined in the Public Contract Code. The form must be completed and submitted with the bid.
The document outlines the requirements of the Darfur Contracting Act, which preclude state agencies from contracting with "scrutinized companies" that do business in Sudan. It provides the legal citations and definitions relevant to this requirement. The certification must be completed under penalty of perjury by an authorized representative of the bidding company.
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Text version
Bid Number: 23-00088
CCHCS-MC-394 Rev. 04/05/2018
DARFUR CONTRACTING ACT
BIDDER’S NAME:
Effective January 1, 2009, contracts for Information Technology (IT) goods or services must address the requirements of the Darfur Contracting Act. The Darfur Contracting Act was passed to preclude state agencies generally from contracting with “scrutinized companies” that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in Public Contract Code (PCC) Section 10475, et seq.
A “scrutinized company” is a company doing business in Sudan as defined in PCC § 10476. A “scrutinized company” is ineligible to, and shall not, bid on or submit a proposal for a contract with a state agency for IT goods or services (PCC § 10477(a)). PCC § 10478(a) requires a company that currently has (or within the previous three (3) years has had) business activities or other operations outside of the United States to certify that it is not a “scrutinized company” in order to submit a bid or proposal to a state agency. A “scrutinized company” may still, however, submit a bid or proposal for a contract with a state agency for goods or services if the company first obtains permission from Department of General Services (DGS) according to the criteria set forth in PCC § 10477(b).
Your bid will be disqualified unless your bid includes this form with either #1 or #2 initialed, or #3 initialed and certified. Therefore, to be eligible to submit a bid, please complete only one of the following: (#1 and #2 only requires initials and #3 requires initials and certification).
1. ______
Initials We do not currently have, or we have not had within the previous three (3) years, business activities or other operations outside of the United States.
OR
2. ______
We are a “scrutinized company” as defined in PCC § 10476, but we have received written permission from DGS to submit a bid pursuant to PCC § 10477(b). A copy of the written permission from DGS is included with our bid.
OR
3. ______
We currently have, or we have had within the previous three (3) years, business activities or other operations outside of the United States, but we certify below that we are not a “scrutinized company” as defined in PCC § 10476.
Bid Number: 23-00088
CCHCS-MC-394 Rev. 04/05/2018
DARFUR CONTRACTING ACT
CERTIFICATION FOR #3 ONLY
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind this company to the clause listed above. This certification is made under the laws of the state of California.
Company Name (Printed):
Federal Employer ID Number:
By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed: Executed in the County and State of:
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