26RFP19895_Exhibit C_Certification re Prohibited Entity.docx

DOCX document 25 KB Posted

Attached to
South Dakota Historical Society Press Website
Solicitation number
26RFP19895
Issued by
South Dakota

About this file

This is a certification document related to an RFP issued by the South Dakota Department of Education for the South Dakota Historical Society Press Website redesign. The RFP (26RFP19895) seeks competitive proposals for a modern website design and functionality to replace the existing legacy platform at sdhspress.com. The new website must improve accessibility, usability, content management efficiency, integration capabilities, brand cohesion, and technical compliance to better serve State staff and public audiences. Offerors may submit written questions for clarification to Rochelle.kenzy@state.sd.us with the subject line "RFP# 26RFP19895" by the deadline specified in the RFP schedule. Questions and answers will be distributed to all offerors who submitted Letters of Intent, submitted questions, or requested the Q&A materials prior to the proposal submission date.

The document establishes certification requirements for prohibited entities and communication protocols for the procurement process. All offerors and their agents are restricted from contacting state employees other than the designated buyer of record regarding RFP matters during solicitation and evaluation, with inappropriate contacts constituting grounds for suspension and exclusion from specific procurements. Offerors may not rely on any statements—written or oral—that modify RFP specifications or terms unless they originate from the official SD RFP Project Contact. Any modifications to the RFP will be communicated to offerors through the same channels used for Q&A distribution.

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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.
2.2If 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.
2.3The 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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