BPM004715_Attachment_2_Boycott_of_Israel_Disclosure.docx

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Attached to
Ballot Drop Boxes and Surveillance
Solicitation number
BPM004715
Issued by
Cochise County, Arizona

About this file

This is a Boycott of Israel Disclosure form required by the Arizona Department of Administration (ADOA) for the State of Arizona's ballot drop box and surveillance system solicitation. The disclosure document, mandated under Arizona Revised Statutes (A.R.S.) 35-393.01, requires all offerors to certify their compliance status regarding boycotts of Israel. The solicitation is open to qualified organizations capable of providing installation and maintenance of secure ballot drop-boxes with integrated photo and video surveillance systems for Cochise, Pinal, and Yuma counties, as authorized under A.R.S. 41-2501 et seq. and mandated by HB 2862. The proposal submission deadline was November 23, 2022, providing bidders approximately 2.5 months to prepare comprehensive proposals. The State intends to establish one or more contracts in conformance with current Election Procedures Manual requirements and State and Federal law.

All offerors must select one of three certification options: confirm non-participation in Israel boycotts and agreement to refrain from such activity during the contract term; acknowledge current participation in Israel boycotts; or claim exemption based on contract estimated value below $100,000, sole proprietorship status, fewer than ten employees, or non-profit organization status. Under A.R.S. 35-393, "boycott" is defined as refusal to deal or termination of business activities with entities doing business in Israel or Israeli-controlled territories based on that business relationship or discriminatory factors unrelated to valid business reasons. The certification becomes public record in accordance with Arizona Administrative Code, and the disclosure form serves as Part 3 of the solicitation documents using template version 7.0 dated January 28, 2020.

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Boycott of Israel Disclosure

Please note that if any of the following apply to this Solicitation, Contract, or Contractor, then the Offeror shall select the “Exempt Solicitation, Contract, or Contractor” option below:

· The Solicitation or Contract has an estimated value of less than $100,000;

· Contractor is a sole proprietorship;

· Contractor has fewer than ten (10) employees; OR

· Contractor is a non-profit organization.

Pursuant to A.R.S. §35-393.01, public entities are prohibited from entering into contracts “unless the contract includes a written certification that the company is not currently engaged in, and agrees for the duration of the contract to not engage in, a boycott of goods or services from Israel.”

Under A.R.S. §35-393:

1. "Boycott" means engaging in a refusal to deal, terminating business activities or performing other actions that are intended to limit commercial relations with entities doing business in Israel or in territories controlled by Israel, if those actions are taken either:

(a) Based in part on the fact that the entity does business in Israel or in territories controlled by Israel.

(b) In a manner that discriminates on the basis of nationality, national origin or religion and that is not based on a valid business reason.

2. "Company" means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company or other entity or business association, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate, that engages in for-profit activity and that has ten or more full-time employees.

5. "Public entity" means this State, a political subdivision of this State or an agency, board, commission or department of this State or a political subdivision of this State.

The certification below does not include boycotts prohibited by 50 United States Code Section 4842 or a regulation issued pursuant to that section. See A.R.S. §35-393.03.

In compliance with A.R.S. §§35-393 et seq., all offerors must select one of the following:

The Company submitting this Offer does not participate in, and agrees not to participate in during the term of the contract, a boycott of Israel in accordance with A.R.S. §§35-393 et seq. I understand that my entire response will become public record in accordance with A.A.C. R2-7-C317.

The Company submitting this Offer does participate in a boycott of Israel as described in A.R.S. §§35-393 et seq.

Exempt Solicitation, Contract, or Contractor.

Indicate which of the following statements applies to this Contract:

Solicitation or Contract has an estimated value of less than $100,000;
Contractor is a sole proprietorship;
Contractor has fewer than ten (10) employees; and/or
Contractor is a non-profit organization.

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Company Name

Signature of Person Authorized to Sign

Address

Printed Name

City
State
Zip

Title

PART 3 of the Solicitation Documents Template version 7.0 (28-JAN-2020) SECTION 3-B: Offer Forms

Available online at: APP.AZ.gov

File details come from the government source that posted it. Updated .