Attachment 6 - Prohibition of Boycott Energy Companies.pdf
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- Solicitation number
- 142386
- Issued by
- Dallas County, Texas
About this file
This document is a certification form required by the State of Texas for contract opportunities in compliance with House Bill 13, which amended the Texas Government Code effective September 1, 2021. The form applies to political subdivisions, including cities and transportation authorities, entering contracts valued at $100,000 or more that are funded from public money. Contractors and service providers must complete and submit this certification with their bid or proposal to acknowledge their compliance with the prohibition on boycotting energy companies during the contract term. The certification requirement applies only to for-profit companies with more than ten full-time employees; sole proprietorships, non-profit entities, and governmental entities are excluded from this requirement.
The form requires a company's certifying official to verify in writing that the company does not boycott energy companies as defined under Texas Government Code Section 809.001 and commits to maintaining this compliance throughout the agreement period. The certification is mandatory for contract awards meeting the threshold criteria and must be signed by an authorized representative of the company, including the official's name, title, date, and company information. Failure to provide this certification may result in contract ineligibility or rejection of the bid proposal for covered procurements.
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Prohibition of Boycott Energy Companies
This form must be completed and submitted with the bid/proposal
Effective September 1, 2021, House Bill 13 amended the Texas Government Code by adding Chapter 809 and Chapter 2274. Chapter 2274 prohibits a political subdivision (city, appraisal district, transportation authority from entering a contract with a value of $100,000 or more that is to be paid from public funds with a for-profit company excluding sole proprietorships with more than 10 full-time employees for goods and services unless the contract contains a written verification from the company that it: (i) does not boycott energy companies; and (ii) will not boycott energy companies during the term of the contract.
Company is defined under Texas Government Code Section 809.001 to mean “a for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations, that exists to make a profit.” Section
2274.001 (2) excludes sole proprietorships from the definition of “Company”.
The prohibition however does not apply to a governmental entity that determines the requirements of Subsection (b) are inconsistent with the governmental entity's constitutional or statutory duties related to the issuance, incurrence, or management of debt obligations or the deposit, custody, management, borrowing, or investment of funds.
"I, __________________(Name of certifying official), the ____________ (title or position of certifying official) of __________________(name of company), verifies that it does not Boycott Energy Companies and agrees that during the term of this Agreement will not Boycott Energy Companies as that term is defined in Texas Government Code Section 809.001, as amended. This section does not apply if Professional (or Contractor) is a sole proprietor, a non-profit entity, or a governmental entity; and only applies if: (i) Professional (or Contractor) has ten (10) or more fulltime employees and (ii) this Agreement has a value of $100,000.00 or more to be paid under the terms of this Agreement.
Signature of Certifying Official
Title:
Date:
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| company_name: |
| title: |
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| Name: |
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| Company: |
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