CONTRACTING_WITH_ENTITIES_OF_FOREIGN_COUNTRIES_OF_CONCERN_PROHIBITED_AFFIDAVIT.pdf
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- Attached to
- Auction Services Surplus Vehicles State and local contract opportunity
- Solicitation number
- 26056-ITB-DST
- Issued by
- Hillsborough County, Florida
About this file
This is a Contracting with Entities of Foreign Countries of Concern Prohibited Affidavit required by Florida Statutes Section 287.138 for the Hillsborough County Public Schools (HCPS) Auction Services Surplus Vehicles contract opportunity. The affidavit must be completed and executed by an authorized representative of any proposer or contractor submitting a bid, proposal, or quote for this procurement. HCPS will not accept any bid, proposal, or other response unless the completed and signed affidavit is submitted along with the response. The affidavit certifies that the legal company name does not meet any of the prohibited criteria outlined in Florida Statutes Section 287.138, specifically that the entity is not owned by, does not have a controlling interest held by, and is not organized under the laws of or principally located in a foreign country of concern, which includes 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 Nicolas Maduro, or the Syrian Arab Republic.
The affidavit requires the authorized representative to make the attestation under penalties of perjury as prescribed by Florida Statutes Section 95.525. "Controlling interest" is defined as possessing the power to direct management or policies through ownership of securities, contract, or other means, including the right to vote 25 percent or more of voting interests or entitlement to 25 percent or more of profits. This document serves as a compliance mechanism to ensure that governmental entities do not contract with foreign entities that could potentially provide access to individuals' personal identifying information from sources of concern to the State of Florida.
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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
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