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This document is a "Contracting with Entities of Foreign Countries of Concern Prohibited Affidavit" form issued by Hillsborough County Public Schools (HCPS) in Florida. The affidavit is required by Florida Statute § 287.138 and must be completed by any proposer or contractor seeking to enter into a contract with HCPS. The form mandates that a governmental entity cannot knowingly contract with an entity that meets specific criteria related to ownership or control by foreign countries of concern, which are defined as the People's Republic of China, Russian Federation, Iran, North Korea, Cuba, Venezuela, and Syria.
The affidavit requires the proposer/contractor to attest that their company does not meet the prohibited criteria, which include being owned by a government of a foreign country of concern, having a controlling interest from such a government, or being organized under the laws of or having a principal place of business in a foreign country of concern. The form includes definitions of key terms such as "controlling interest" (defined as possessing the power to direct management or policies, or having 25% or more voting rights or profits) and "governmental entity" (any state, county, district, or municipal government unit). The document must be signed under penalties of perjury, affirming the truthfulness of the statements.
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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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