_3. IRAN DIVESTMENT ACT COMPLIANCE RIDER 2025 - 2026.pdf
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- Attached to
- GROCERY BID 2025 - 2026
- Solicitation number
- GROCERY BID 2025 - 2026
- Issued by
- Sullivan County, New York
About this file
The document is an Iran Divestment Act Compliance Rider for school districts, specifically applicable to the Brewster Central School District's Grocery Bid for 2025-2026. This compliance document outlines legal requirements for bidders to certify that they are not engaged in investment activities in Iran's energy sector, as mandated by New York State Finance Law and General Municipal Law.
The compliance rider requires bidders to submit a signed certification confirming they are not on the list of entities engaged in investment activities in Iran, created by the Office of General Services. Bidders who cannot certify compliance must provide a detailed written explanation. The document allows for potential exemptions in two scenarios: (1) if investment activities occurred before April 12, 2012, have not been expanded, and the bidder has a plan to cease such investments, or (2) if the district determines the goods or services are necessary and cannot be obtained without the exemption. The certification must be signed by an authorized official and notarized, with the understanding that false certification could result in potential legal consequences.
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Text version
IRAN DIVESTMENT ACT
COMPLIANCE RIDER
FOR SCHOOL DISTRICTS
The Iran Divestment Act of 2012, effective as of April 12, 2012, is codified at State Finance Law ("SFL") §165-a and General Municipal Law (“GML”) §103-g. The Iran Divestment Act, with certain exceptions, prohibits municipalities, including the District, from entering into contracts with persons engaged in investment activities in the energy sector of Iran. Pursuant to the terms set forth in SFL §165-a and GML §103-g, a person engages in investment activities in the energy sector of Iran if:
(A) The person provides goods or services of twenty million dollars or more in the energy sector of Iran, including a person that provides oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran; or
(B) The person is a financial institution that extends twenty million dollars or more in credit to another person, for forty-five days or more, if that person will use the credit to provide goods or services in the energy sector in Iran and is identified on a list created pursuant to paragraph (b) of subdivision three of Section 165-a of the SFL and maintained by the Commissioner of the Office of General Services.
A bid or proposal shall not be considered for award nor shall any award be made where the bidder or proposer fails to submit a signed and verified bidder's certification.
Each bidder or proposer must certify that it is not on the list of entities engaged in investment activities in Iran created pursuant to paragraph (b) of subdivision 3 of Section 165-a of the SFL. In any case where the bidder or proposer cannot certify that it is not on such a list, the bidder or proposer shall so state and shall furnish with the bid or proposal a signed statement which sets forth in detail the reasons why such statement cannot be made. The District may award a bid to a bidder who cannot make the certificate on a case by case basis if:
(1) The investment activities in Iran were made before the effective date of this section (i.e., April 12, 2012,), the investment activities in Iran have not been expanded or renewed after the effective date of this section and the person has adopted, publicized and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or
(2)The District makes a determination that the goods or services are necessary for the District to perform its functions and that, absent an exemption, the District would be unable to obtain the goods or services for which the contract is offered. Such determination shall be made in writing and shall be a public document.
PROPOSER'S CERTIFICATION OF COMPLIANCE WITH
IRAN DIVESTMENT ACT OF 2012
In accordance with General Municipal Law §103-g, which generally prohibits the School District from entering into contracts with persons engaged in investment activities in the energy sector of Iran, the bidder/proposer submits the following certification:
[Please Check One] _________________ Proposer's Certification
By submission of this bid or proposal, each bidder/proposer and each person signing on behalf of any bidder/proposer certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief, that each bidder/proposer is not on the list created by the Office of General Services (OGS) pursuant to paragraph (b) of subdivision 3 of Section 165-a of the State Finance Law.
[Please Check One] _________________ I am unable to certify that my name and the name of the bidder/proposer does not appear on the list created pursuant to paragraph (b) of subdivision 3 of Section 165-a of the State Finance Law. I have attached a signed statement setting forth in detail why I cannot so certify.
Date: ________________, 20 _____________ New York
Name of Bidder/Proposer: _________________________________________
Signature of Authorized Official: ______________________________________
Printed or Typed Name of Official and Title: _____________________________
Sworn to before me this ___________Day of ___________, 20_____________
Notary Public: __________________________________________
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