Antidiscrimination Against Israel.pdf
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- Solicitation number
- 300000171075521
- Issued by
- Missouri
About this file
This is a certification requirement document issued by the State of Missouri pursuant to Section 34.600, RSMo, establishing anti-discrimination standards related to the State of Israel for state and local contract opportunities. The certification applies to all vendors seeking contracts with a total potential value of one hundred thousand dollars or more, except those with fewer than ten employees. The document requires vendors to complete one of three certification boxes based on their business classification: Box A for non-company entities, Box B for companies with fewer than ten employees, and Box C for companies with ten or more employees. Vendors must certify their current status prior to contract award and acknowledge their obligation to maintain compliance throughout the contract duration. The certification requirement mandates that vendors are not currently engaged in and shall not engage in boycotts of goods or services from the State of Israel, companies doing business in Israel, or entities operating under Israeli law.
The certification framework establishes specific thresholds for applicability and defines key terms including "company," which encompasses for-profit and not-for-profit organizations, associations, corporations, partnerships, and related entities including subsidiaries and affiliates. The statute provides that a company's public statement regarding participation in Israel boycotts constitutes conclusive evidence of non-compliance, though other factors may also demonstrate participation in such boycotts. Vendors are required to ensure that if their business status changes during contract performance—such as a non-company entity becoming a company or a company growing to ten or more employees—they must submit the appropriate updated certification to the Division of Purchasing prior to delivering any services or supplies. This requirement remains in effect for the entire duration of the contract term.
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ANTI-DISCRIMINATION AGAINST ISRAEL ACT CERTIFICATION
Statutory Requirement: Section 34.600, RSMo, precludes entering into a contract with a company to acquire products and/or services “unless the contract includes a written certification that the company is not currently engaged in and shall not, for the duration of the contract, engage in a boycott of goods or services from the State of Israel; companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel; or persons or entities doing business in the State of Israel.”
Exceptions: The statute provides two exceptions for this certification: 1) “contracts with a total potential value of less than one hundred thousand dollars” or 2) “contractors with fewer than ten employees.” Therefore the following certification is required prior to any contract award.
Section 34.600, RSMo, defines the following terms:
Company - any for-profit or not-for-profit 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.
Boycott Israel and Boycott of the State of Israel - engaging in refusals to deal, terminating business activities, or other actions to discriminate against, inflict economic harm, or otherwise limit commercial relations specifically with the State of Israel; companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel; or persons or entities doing business in the State of Israel, that are all intended to support a boycott of the State of Israel. A company’s statement that it is participating in boycotts of the State of Israel; companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel; or persons or entities doing business in the State of Israel, or that it has taken the boycott action at the request, in compliance with, or in furtherance of calls for a boycott of the State of Israel; companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel; or persons or entities doing business in the State of Israel shall be considered to be conclusive evidence that a company is participating in a boycott of the State of Israel; companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel; or persons or entities doing business in the State of Israel; provided, however that a company that has made no such statement may still be considered to be participating in a boycott of the State of Israel; companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel; or persons or entities doing business in the State of Israel if other factors warrant such a conclusion.
Certification: The vendor must therefore certify their current status by completing either Box A, Box B, or Box C on the next page of this Exhibit.
BOX A: To be completed by any vendor that does not meet the definition of “company” above, hereinafter referred to as “Non-Company.”
BOX B: To be completed by a vendor that meets the definition of “Company” but has less than ten employees.
BOX C: To be completed by a vendor that meets the definition of “Company” and has ten or more employees.
EXHIBIT , continued
BOX A – NON-COMPANY ENTITY
I certify that ___________________ (Entity Name) currently DOES NOT MEET the definition of a company as defined in section 34.600, RSMo, but that if awarded a contract and the entity’s business status changes during the life of the contract to become a “company” as defined in section 34.600, RSMo, and the entity has ten or more employees, then, prior to the delivery of any services and/or supplies as a company, the entity agrees to comply with, complete, and return Box C to the Division of Purchasing at that time.
Authorized Representative’s Name (Please Print) Authorized Representative’s Signature
Entity Name Date
BOX B – COMPANY ENTITY WITH LESS THAN TEN EMPLOYEES
I certify that ___________________ (Company Name) MEETS the definition of a company as defined in section 34.600, RSMo, and currently has less than ten employees but that if awarded a contract and if the company increases the number of employees to ten or more during the life of the contract, then said company shall comply with, complete, and return Box C to the Division of Purchasing at that time.
Authorized Representative’s Name (Please Print) Authorized Representative’s Signature
Company Name Date
BOX C – COMPANY ENTITY WITH TEN OR MORE EMPLOYEES
Authorized Representative’s Name (Please Print) Authorized Representative’s Signature
Company Name Date
I certify that ___________________ (Company Name) MEETS the definition of a company as defined in section 34.600, RSMo, has ten or more employees, and is not currently engaged in a boycott of goods or services from the State of Israel; companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel; or persons or entities doing business in the State of Israel as defined in section 34.600, RSMo. I further certify that if the company is awarded a contract for the services and/or supplies requested herein said company shall not engage in a boycott of goods or services from the State of Israel; companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel; or persons or entities doing business in the State of Israel as defined in section 34.600, RSMo, for the duration of the contract.
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