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This is a "Contracting with Entities of Foreign Countries of Concern Prohibited Affidavit" required by Hillsborough County Public Schools (HCPS) in Florida for Invitation to Bid (ITB) 25562-ITB-EST for the procurement of new forklifts. The solicitation seeks lithium battery-powered forklifts with a minimum 5,000-pound capacity for handling industrial materials such as steel and lumber, with an estimated annual usage of 2 units and an as-needed cost-plus markup arrangement not exceeding 15%. Bids are due on Monday, December 8, 2025, at 4:30 PM and must be submitted via www.myvendorLink.com. Delivery is required within 15 days following purchase approval. The contract term begins upon board approval with potential automatic renewal for up to four additional one-year periods, contingent on appropriations, contractor performance, and continued need.
The estimated budget for this procurement is approximately $108,000 for the contract term. Vendors must provide comprehensive pricing that includes freight, warranties, and training. The procurement is part of HCPS's Small Business Encouragement Program (SBEP), which aims to reinvest at least 20% of district expenditures with certified small local businesses in the Tampa Bay area. All vendors must complete specific affidavits, including the "Contracting with Entities of Foreign Countries of Concern Prohibited Affidavit" and a "Vendor Affidavit Regarding the Use of Coercion for Labor and Services," ensuring compliance with Florida Statutes regarding foreign entity restrictions and human trafficking prevention. Vendors are encouraged to register with the district's Office of Supplier Development and can self-identify as small businesses, minority-owned enterprises, or service-disabled veteran-owned businesses.
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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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