CONTRACTING_WITH_ENTITIES_OF_FOREIGN_COUNTRIES_OF_CONCERN_PROHIBITED_AFFIDAVIT.pdf
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- Attached to
- Tree Trimming and Removal Services State and local contract opportunity
- Solicitation number
- 26040-RFP-MST
- Issued by
- Florida
About this file
This is a compliance affidavit form required by the Hillsborough County Public Schools (HCPS) for the Tree Trimming and Removal Services contract opportunity in Florida. The affidavit mandates that proposers and contractors certify their compliance with Florida Statute 287.138, which prohibits contracting with entities owned by, controlled by, or organized under the laws of foreign countries of concern, including the People's Republic of China, Russian Federation, Islamic Republic of Iran, Democratic People's Republic of Korea, Republic of Cuba, the Venezuelan regime of Nicolas Maduro, and the Syrian Arab Republic. The form requires an authorized representative of the proposing entity to attest under penalty of perjury that the company meets none of the prohibited criteria set forth in the statute. Submission of the completed and executed affidavit is mandatory; bids, proposals, or quotes will not be accepted without it.
The affidavit defines "controlling interest" as the power to direct management or policies through ownership, contract, or other means, with a presumption established for entities in which a person or entity holds voting interests or profit entitlements of 25 percent or more. The form does not address pricing, set asides, funding sources, or contract terms, as it functions solely as a compliance certification mechanism to ensure that HCPS does not unknowingly contract with entities that would provide access to personal identifying information in violation of state restrictions on foreign country relationships.
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CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED AFFIDAVIT
The Contracting with Entities of Foreign Countries of Concern Prohibited Affidavit Form (“Form”) is required by § 287.138, Florida Statutes, which is deemed as being expressly incorporated into this Form. This Affidavit must be completed by a person authorized to make this attestation on behalf of the Proposer/Contractor for the purpose of submitting a bid, proposal, quote, or other response, or otherwise entering into a contract with the HCPS. The associated bid, proposal, quote, or other response will not be accepted unless and until this completed and executed Affidavit is submitted to HCPS.
“Controlling interest” means possession of the power to direct or cause the direction of the management or policies of a company, whether through ownership of securities, by contract, or otherwise. A person or entity that directly or indirectly has the right to vote 25 percent or more of the voting interests of the company or is entitled to 25 percent or more of its profits is presumed to possess a controlling interest.
“Foreign country of concern” means the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian Arab Republic, including any agency of or any other entity of significant control of such foreign country of concern.
“Governmental entity” means any state, county, district, authority, or municipal officer, department, division, board, bureau, commission, or other separate unit of government created or established by law including, but not limited to, the Commission on Ethics, the Public Service Commission, the Office of Public Counsel, and any other public or private agency, person, partnership, corporation, or business entity acting on behalf of any public agency.
A governmental entity may not knowingly enter into a contract with an entity which would give access to an individual’s personal identifying information if:
(a) The entity is owned by the government of a foreign country of concern;
(b) The government of a foreign country of concern has a controlling interest in the entity; or
(c) The entity is organized under the laws of or has its principal place of business in a foreign country of concern.
Legal Company Name ( ____________ _____) does not meet any of the criteria set forth in paragraphs 2(a) – (c) of § 287.138, Florida Statutes.
Pursuant to § 95.525, Florida Statutes, under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true.
Print Name of Proposer/Contractor’s Authorized Representative
Title of Proposer/Contractor's Authorized
Signature of Proposer/Contractor’s Authorized
Date
File details come from the government source that posted it. Updated .