5-DisclosureofProhibitedActivitesinRussiaBelarus.pdf

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Attached to
Energy Aggregation Advisor, Energy Agent and Reverse Auction Platform Services
Solicitation number
BCUA-RFQ-26-005
Issued by
Bergen County, New Jersey

About this file

This is a Certification of Noninvolvement in Prohibited Activities in Russia or Belarus form required by New Jersey state law (N.J.S.A. 52:32-60.1, et seq., L. 2022, c. 3) for vendors seeking to enter into or renew contracts with New Jersey state agencies. The certification applies to all vendors providing goods or services, or the purchase of bonds or other obligations to state agencies. Vendors must complete the certification by checking one of three boxes: (A) confirming they are not identified on the Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list due to Russia or Belarus-related activity; (B) indicating they are unable to certify option A because they are identified on the OFAC list for Russia or Belarus-related activity; or (C) indicating they are unable to certify option A but are engaged in Russia or Belarus-related activity consistent with federal law, regulation, license, or exemption. The form requires the vendor's authorized representative to provide a signature, printed name and title, Federal Employer Identification Number (FEIN), business name, phone number, address, fax number, and email address.

The form defines "vendor" broadly to include natural persons, corporations, partnerships, limited liability entities, business associations, sole proprietorships, joint ventures, and any governmental entities or instrumentalities, as well as any parent, successor, subsidiary, or entity under common ownership or control with such entities. Vendors must review the OFAC Specially Designated Nationals and Blocked Persons list, available at https://sanctionssearch.ofac.treas.gov/, prior to completing the certification. If the New Jersey Department of the Treasury determines that a vendor has made a false certification, it may impose sanctions, seek compliance, recover damages, declare the party in default, or seek debarment or suspension. This certification is effective as of January 22, 2024, and applies to the Bergen County Utilities Authority's Request for Pre-Qualifications (RFPQ) for Energy Aggregation Advisor, Energy Agent, and Reverse Auction Platform Services.

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Text version

CERTIFICATION OF NON‐INVOLVEMENT IN

PROHIBITED ACTIVITIES IN RUSSIA OR BELARUS

NJ Rev. 1.22.2024

Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity (hereinafter “Vendori”) that seeks to enter into or renew a contract with a State agency for the provision of goods or services, or the purchase of bonds or other obligations, must complete the certification below indicating whether or not the Vendor is identified on the Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, available here:

https://sanctionssearch.ofac.treas.gov/. If the Department of the Treasury finds that a Vendor has made a certification in violation of the law, it shall take any action as may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.

I, the undersigned, certify that I have read the definition of “Vendor” below, and have reviewed the Office of Foreign Assets Control (OFAC) Specially Designated Nationals and Blocked Persons list, and having done so certify:

(Check the Appropriate Box)

A. That the Vendor is not identified on the OFAC Specially Designated Nationals and Blocked Persons list on account of activity related to Russia and/or Belarus.

OR

B. That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially Designated Nationals and Blocked Persons list on account of activity related to Russia and/or Belarus.

OR

C.

That I am unable to certify as to “A” above, because the Vendor is identified on the OFAC Specially Designated Nationals and Blocked Persons list. However, the Vendor is engaged in activity related to Russia and/or Belarus consistent with federal law, regulation, license or exemption. A detailed description of how the Vendor’s activity related to Russia and/or Belarus is consistent with federal law is set forth below.

(Attach Additional Sheets If Necessary.)

Signature of Vendor’s Authorized Representative Date

Print Name and Title of Vendor’s Authorized Representative Vendor’s FEIN

Vendor’s Name Vendor’s Phone Number

Vendor’s Address (Street Address) Vendor’s Fax Number

Vendor’s Address (City/State/Zip Code) Vendor’s Email Address i Vendor means: (1) A natural person, corporation, company, limited partnership, limited liability partnership, limited liability company, business association, sole proprietorship, joint venture, partnership, society, trust, or any other nongovernmental entity, organization, or group; (2) Any governmental entity or instrumentality of a government, including a multilateral development institution, as defined in Section 1701(c)(3) of the International Financial Institutions Act, 22 U.S.C. 262r(c)(3); or (3) Any parent, successor, subunit, direct or indirect subsidiary, or any entity under common ownership or control with, any entity described in paragraph (1) or (2).

https://pub.njleg.state.nj.us/Bills/2022/PL22/3_.PDF https://sanctionssearch.ofac.treas.gov/ https://sanctionssearch.ofac.treas.gov/ https://sanctionssearch.ofac.treas.gov/ https://sanctionssearch.ofac.treas.gov/ https://sanctionssearch.ofac.treas.gov/ https://sanctionssearch.ofac.treas.gov/

Vendors Phone Number:
Vendors Fax Number:
Vendors Email Address:
Group1: Off
the Vendors activity related to Russia andor Belarus is consistent with federal law is set forth below 1:
the Vendors activity related to Russia andor Belarus is consistent with federal law is set forth below 2:
the Vendors activity related to Russia andor Belarus is consistent with federal law is set forth below 3:
the Vendors activity related to Russia andor Belarus is consistent with federal law is set forth below 4:
the Vendor’s activity related to Russia and/or Belarus is consistent with federal law is set forth below 5:
the Vendor’s activity related to Russia and/or Belarus is consistent with federal law is set forth below 6:
Signature of Vendor's Authorized Representative:
Print Name and Title of Vendors Authorized Representative:
Vendors Name:
Vendors Address Street Address:
Vendors Address CityStateZip Code:
Date:
Vendors FEIN:

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