CONTRACTING_WITH_ENTITIES_OF_FOREIGN_COUNTRIES_OF_CONCERN_PROHIBITED_AFFIDAVIT.pdf
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- Solicitation number
- 25614-RFP-DST
- Issued by
- Florida
About this file
This is a compliance affidavit form required by Hillsborough County Public Schools (HCPS) in Florida for all proposers responding to Request for Proposals 25614-RFP-DST for a food service sanitation and cleaning supply program. The affidavit certifies that the proposing entity does not meet any criteria that would disqualify it under Florida Statute 287.138, which prohibits governmental entities from contracting with foreign entities of concern. Proposers must attest that their organization is not owned by, does not have a foreign country of concern holding a controlling interest, and is not organized under the laws of or principally located in a designated foreign country of concern, which includes the People's Republic of China, Russian Federation, Islamic Republic of Iran, Democratic People's Republic of Korea, Republic of Cuba, Venezuelan regime of Nicolas Maduro, or Syrian Arab Republic. The completed and executed affidavit must be submitted with the bid or proposal response and is a mandatory requirement for bid acceptance; failure to submit this document will result in rejection of the proposal regardless of other qualifications or pricing.
The affidavit requires authorization from a representative with authority to execute the attestation on behalf of the proposer and must be signed under penalties of perjury pursuant to Florida Statute 95.525. This compliance certification is one of multiple mandatory certifications required for the food service sanitation program contract, which is fully funded by the United States Department of Agriculture and subject to federal procurement standards under 2 CFR Part 200, making adherence to foreign entity restrictions a critical component of federal funding compliance and contract eligibility.
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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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