ESBD_365815_1719594092567_EXHIBIT D - NO BOYCOTT CERTIFICATIONS.pdf

Certification of No Boycott No Boycott Israel

If Contractor/Vendor is a “Company”, as that term is defined in Section 808.001 of the Texas Government Code and is not a sole proprietorship, then Contractor/Vendor certifies and verifies that it: (i) does not boycott Israel and (ii) will not boycott Israel during the term of the Purchase Order or Contract this Certification is attached to and incorporated into; or (iii) that it meets the requirements of an exception listed below.

Form requirements:

• This certification is required by Texas Government Code § 2271.002.

• This form is required to be attached to and is incorporated into all Purchase Orders (goods) and Contracts (services) with a value of $100,000 or more that is paid in whole or in part with state funds with a company with 10 or more full time employees. The campus department making the purchase of goods or contracting for services is responsible for obtaining the form from the Vendor or Contractor.

Texas Government Code §808.001 states that "Boycott Israel" means “refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes”. Furthermore, Texas Government Code §808.001 states that the term “Company” means a “for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit”, provided however that Texas Government Code §2271.001(2) excludes sole proprietorships from this definition of “Company”.

Vendor/Contractor Name or Company Name

Street Address

City

State

Zip Code

Phone Number

Printed Name of Authorized Representative

Title of Authorized Representative

Signature of Authorized Representative

Date

ONLY COMPLETE THIS SECTION IF YOU BELIEVE YOU ARE NOT REQUIRED TO PROVIDE THE

CERTIFICATION - No Boycott Israel - FOR THE REASONS CITED BELOW

My business is not required to provide the certification listed above because (select one):

☐ My business is not a for-profit “Company” as defined above, pursuant to Texas Government Code §808.001 and

§2271.001.

☐ My Company has less than 10 full-time employees ☐ This is not an agreement for goods or services to be provided to the University.

Name Signature Date

Effective Date: 9/1/2021

No Boycott Energy Company

If Contractor/Vendor is a “Company”, as that term is defined in Section 809.001 of the Texas Government Code and is not a sole proprietorship, then Contractor/Vendor certifies and verifies that it: (i) does not boycott energy companies and (ii) will not boycott energy companies during the term of Purchase Order or Contract this Certification is attached to and incorporated into; or (iii) that it meets the requirements of an exception listed below.

Form requirements:

• This certification is required by Texas Government Code § 2274.002.

• This form is required to be attached to and is incorporated into all Purchase Orders (goods) and Contracts (services) with a value of $100,000 or more that is paid in whole or in part with state funds with a company with 10 or more full time employees. The campus department making the purchase of goods or contracting for services is responsible for obtaining the form from the Vendor or Contractor.

Texas Government Code §809.001(1) states that "Boycott energy company" means “without an ordinary business purpose, refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations with a company because the company: (A) engages in the exploration, production, utilization, transportation, sale, or manufacturing of fossil fuel-based energy and does not commit or pledge to meet environmental standards beyond applicable federal and state law; or (B) does business with a company described by Paragraph (A)”. Furthermore, Texas Government Code §809.001(2) states that the term “Company” means a “for-profit sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or business associations that exists to make a profit”, provided however that Texas Government Code §2274.001(2) excludes sole proprietorships from this definition of “Company”.

Vendor/Contractor Name or Company Name

Street Address

City

State

Zip Code

Phone Number

Printed Name of Authorized Representative

Title of Authorized Representative

Signature of Authorized Representative

Date

ONLY COMPLETE THIS SECTION IF YOU BELIEVE YOU ARE NOT REQUIRED TO PROVIDE THE

CERTIFICATION – No Boycott Energy Company - FOR THE REASONS CITED BELOW

My business is not required to provide the certification listed above because (select one):

☐ My business is not a for-profit “Company” as defined above, pursuant to Texas Government Code §809.001(2) and

§2274.001(2).

☐ My Company has less than 10 full-time employees ☐ This is not an agreement for goods or services to be provided to the University.

No Discrimination against Firearm and Ammunition Industries

If Contractor/Vendor is a “Company”, as that term is defined in Section 2274.001 of the Texas Government Code and is not a sole proprietorship, then Contractor/Vendor certifies and verifies that it: (i) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association and (ii) will not discriminate against a firearm entity or firearm trade association during the term of the Purchase Order or Contract this Certification is attached to and incorporated into; or (iii) that it meets the requirements of an exception listed below.

Form requirements:

• This certification is required by Texas Government Code § 2274.002

• This form is required to be attached to and is incorporated into all Purchase Orders (goods) and Contracts (services) with a value of $100,000 or more that is paid in whole or in part with state funds with a company with 10 or more full time employees. The campus department making the purchase of goods or contracting for services is responsible for obtaining the form from the Vendor or Contractor.

Texas Government Code §2274.001(3) states that " discriminate against a firearm entity or firearm trade association " means “with respect to the entity or association, to: (i) refuse to engage in the trade of any goods or services with the entity or association based solely on its status as a firearm entity or firearm trade association; (ii) refrain from continuing an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association; or (iii) terminate an existing business relationship with the entity or association based solely on its status as a firearm entity or firearm trade association”. Furthermore, Texas Government Code §2274.001(2) states that the term “Company” means a “a for-profit organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of those entities or associations that exists to make a profit. The term does not include a sole proprietorship.”

Vendor/Contractor Name or Company Name

Street Address

City

State

Zip Code

Phone Number

Printed Name of Authorized Representative

Title of Authorized Representative

Signature of Authorized Representative

Date

ONLY COMPLETE THIS SECTION IF YOU BELIEVE YOU ARE NOT REQUIRED TO PROVIDE THE

CERTIFICATION –No Discrimination against Firearm and Ammunition Industries-

FOR THE REASONS CITED BELOW

My business is not required to provide the certification listed above because (select one):

☐ My business is not a for-profit “Company” as defined above, pursuant to Texas Government Code §2274.001(2).

☐ My Company has less than 10 full-time employees ☐ This is not an agreement for goods or services to be provided to the University.