25RFP15019_Exhibit C_Certification re Prohibited Entity.docx
DOCX document 25 KB Posted
- Attached to
- JAG Student Conference Management
- Solicitation number
- 25RFP15019
- Issued by
- South Dakota
About this file
This document is a Contractor Certification form required by South Dakota Executive Order 2023-02, specifically addressing prohibitions and reporting requirements for entities doing business with state executive branch agencies. The certification focuses on identifying and preventing business relationships with contractors owned or controlled by foreign nationals or governments from specified countries (China, Iran, North Korea, Russia, Cuba, and Venezuela).
The certification requires contractors to attest that they are not a "Prohibited Entity" and mandates immediate written disclosure to executive branch agencies if their status changes. Contractors who submit false certifications may have their contracts terminated, and those who become a Prohibited Entity after contract award are subject to potential contract cancellation. The document serves as a legal mechanism for the State of South Dakota to manage and mitigate potential risks associated with foreign-controlled business entities seeking to contract with state agencies.
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Other files
| File | Type | Posted |
|---|---|---|
| Response to Offeror Questions document.docx | DOCX document | |
| RFP Document.pdf | ||
| RFP_25RFP15019_Exhibit B -W-9_SD.pdf | ||
| 25RFP15019_Exhibit C_Certification re Prohibited Entity.docx | DOCX document | |
| RFP_25RFP15019_Exhibit B -W-9_SD.pdf | ||
| RFP Document.pdf |
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Text version
CONTRACTOR CERTIFICATION REQUIRED BY
SOUTH DAKOTA EXECUTIVE ORDER 2023-02
Section 1 Definitions. The words used in this Certification shall mean:
| 1.1. | “Prohibited Entity,” an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly-owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates, of those entities or business associations, regardless of its principal place of business, that is ultimately owned or controlled, directly or indirectly, by a foreign national, a foreign parent entity, or foreign government from China, Iran, North Korea, Russia, Cuba, or Venezuela; |
| 1.2. | “Executive Branch Agencies,” each state agency, authority, bureau, board, commission, department, or institution of the State of South Dakota that is controlled by the Governor; |
| 1.3. | “Contract,” any type of agreement by or on behalf of the State to sell or lease supplies or goods, or to provide services, professional services, construction, or public improvements, to the State in return for a fee, or any other form of compensation to be paid or provided by the State; and |
| 1.4. | “Contractor,” a vendor, supplier, construction contractor, or subcontractor that has submitted a bid or offer for or has been selected to engage in providing goods or services to the State but does not mean a sole proprietorship or individual natural U.S. citizen. |
Section 2. Certification. The undersigned hereby certifies to the State of South Dakota that:
| 2.1. | The undersigned is not a Prohibited Entity. |
| 2.2 | If at any time after making this certification the undersigned becomes a Prohibited Entity, the undersigned will provide immediate written notice to all Executive Branch Agencies with whom the undersigned has a Contract. The undersigned understands and agrees that if the undersigned becomes a Prohibited Entity, Executive Branch Agencies may terminate any Contract with the undersigned. |
| 2.3 | The undersigned acknowledges and agrees that Executive Branch Agencies have the right to terminate a Contract with any Contractor that submits a false certification. |
Dated _______________________ Contractor:
By: _________________________________ Printed Name: ________________________ Title: _______________________________
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