21._Darfur_Contracting_Act_(CCHCS-MC-394).pdf

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Attached to
SD24-00021 Prosthetic and Orthotic Services and Devices
Solicitation number
0000035871
Issued by
California

About this file

This document is a Darfur Contracting Act form issued by California Correctional Health Care Services (CCHCS) for Bid Number SD24-00021, specifically targeting Information Technology (IT) goods or services contracts. The form is designed to ensure that bidders comply with the Darfur Contracting Act, which was enacted to prevent state agencies from contracting with companies doing business in Sudan, particularly the Darfur region, effective January 1, 2009.

The form requires bidders to certify their business activities outside the United States by selecting one of three options: 1) confirming no international business activities in the past three years, 2) obtaining written permission from the Department of General Services (DGS) to submit a bid despite being a "scrutinized company", or 3) certifying that they are not a "scrutinized company" while having recent international business operations. Bidders must initial and potentially sign the form under penalty of perjury, with the understanding that failure to complete the form correctly will result in bid disqualification. The document is part of California's public contracting regulations aimed at ethical procurement practices.

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Text version

Bid Number: SD24-00021

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. ______ Initials

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. ______ Initials

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: SD24-00021

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:

BIDDERS NAME:
Initials:
Initials_2:
Initials_3:
Company Name Printed Federal Employer ID Number:
Printed Name and Title of Person Signing:
Date Executed Executed in the County and State of:
Text1:
Text3:

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