5-SCC Form 2024.pdf
PDF 249 KB Posted
- Attached to
- Architectural and Engineering Services As Needed
- Solicitation number
- 1117-P-2627
- Issued by
- Portsmouth City, Virginia
About this file
This document is a State Corporation Commission (SCC) compliance form requirement for Virginia public bodies issuing contracts. The form establishes mandatory provisions that must be included in all written contracts and competitive solicitations to ensure compliance with Virginia Code sections 13.1 and 50 regarding business entity authorization. Bidders and offerors organized as corporations, limited liability companies, business trusts, limited partnerships, or registered limited liability partnerships must provide their SCC identification number or demonstrate exemption from registration requirements. The form requires bidders to certify their business entity status and provide documentation of their authorization to transact business in Virginia, with failure to provide required information potentially disqualifying bids unless a waiver is granted by the Department of General Services Director or local chief executive.
The SCC form applies to the Architectural and Engineering Services As Needed contract opportunity for Portsmouth Public Schools (PPS) in Virginia. Bidders must complete one of four certification options: providing an active SCC identification number, confirming they are not a regulated business entity, demonstrating they are an out-of-state entity without regular Virginia presence, or submitting legal counsel opinion regarding their Virginia contacts. Any business entity awarded a contract must maintain continuous compliance with registration and authorization requirements throughout the contract term, with the public body retaining the right to void contracts for non-compliance. Bidders with pending SCC applications may request a waiver to submit documentation after the bid deadline at the Commonwealth's sole discretion.
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Text version
STATE CORPORATION COMMISSION REQUIREMENT
VPPA §2.2-4311.2.
Compliance with state law; foreign and domestic businesses authorized to transact business in the Commonwealth:
A. All public bodies shall include in every written contract a provision that a contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law.
B. Pursuant to competitive sealed bidding or competitive negotiation, all public bodies shall include in the solicitation a provision that requires a bidder or bidders organized or authorized to transact business in the Commonwealth pursuant to Title 13/1 or Title 50 to include in its bid or proposal the identification number issued to it by the Commonwealth as a foreign business entity under Title 13.1 or Title 50 or otherwise required by law shall include in its bid or proposal a statement describing why the bidder or offeror is not required to be so authorized.
C. Any bidder or offeror described in subsection B that fails to provide the required information shall not receive an award unless a waiver of this requirement and the administrative policies and procedures established to implement this section is granted by the Director of the Department of General Services or his designee or by the chief executive of a local governing body.
D. Any business entity described in subsection A that enters into a contract with a public body pursuant to this chapter shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the contract.
E. A public body may void any contract with a business entity if the business fails to remain in compliance with the provisions of this section.
Virginia State Corporation Commission (“SCC”) registration information: The undersigned bidder:
□ is a corporation or other business entity with the following SCC identification number: _________________ -OR-
□ is not a corporation, limited liability company, limited partnership, registered limited liability partnership, or business trust –OR-
□ is an out-of-state business entity that does not regularly and continuously maintain as part of its ordinary and customary business any employees, agents, offices, facilities, or inventories in Virginia (not counting any employees or agents in Virginia who merely solicit orders that require acceptance outside Virginia before they become contracts, and not counting any incidental presence of the bidder in Virginia that is needed in order to assemble, maintain, and repair goods in accordance with the contracts by which such goods were sold and shipped into Virginia from bidder’s out-of-state location) –OR-
□ is an out-of-state business entity that is including with this bid an opinion of legal counsel which accurately and completely discloses the undersigned bidder’s current contacts with Virginia and describes why those contacts do not constitute the transaction of business in Virginia within the meaning of §13.1-757 or other similar provisions in Titles 13/1 or 50 of the Code of Virginia.
**NOTE**>> Check the following box if you have not completed any of the foregoing options but currently have pending before the SCC an application for authority to transact business in the Commonwealth of Virginia and wish to be considered for a waiver to allow you to submit the SCC identification number after the due date for bids (the Commonwealth reserves the right to determine in its sole discretion whether to allow such waiver): □
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