Exhibit C_Certification re Prohibited Entity.pdf
PDF 63 KB Posted
- Attached to
- Storage of USDA Commodity Products
- Solicitation number
- 25RFP16364
- Issued by
- South Dakota
About this file
This document is a Contractor Certification form required by South Dakota Executive Order 2023-02, applicable to Executive Branch Agencies of the State of South Dakota. The certification mandates that contractors verify they are not a "Prohibited Entity," which is defined as an organization ultimately owned or controlled by foreign nationals or governments from China, Iran, North Korea, Russia, Cuba, or Venezuela.
The certification requires contractors to affirm that they are not a Prohibited Entity and agree to provide immediate written notice to Executive Branch Agencies if their status changes. Contractors acknowledge that the state has the right to terminate any contract if a false certification is submitted or if the contractor becomes a Prohibited Entity. The document serves as a compliance mechanism for the state to restrict business with entities from specific foreign countries, applying to contracts involving the sale or lease of supplies, goods, services, professional services, construction, or public improvements.
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Other files
| File | Type | Posted |
|---|---|---|
| Exhibit B - Substitute_W-9_SD.pdf | ||
| RFP Document.pdf |
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Text version
CONTRACTOR CERTIFICATION REQUIRED BY
SOUTH DAKOTA EXECUTIVE ORDER 2023-02
Section 1 Definitions. The words used in this Certification shall mean:
1.1. “Prohibited Entity,” an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly-owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates, of those entities or business associations, regardless of its principal place of business, that is ultimately owned or controlled, directly or indirectly, by a foreign national, a foreign parent entity, or foreign government from China, Iran, North Korea, Russia, Cuba, or Venezuela;
1.2. “Executive Branch Agencies,” each state agency, authority, bureau, board, commission, department, or institution of the State of South Dakota that is controlled by the Governor;
1.3. “Contract,” any type of agreement by or on behalf of the State to sell or lease supplies or goods, or to provide services, professional services, construction, or public improvements, to the
State in return for a fee, or any other form of compensation to be paid or provided by the State;
and
1.4. “Contractor,” a vendor, supplier, construction contractor, or subcontractor that has submitted a bid or offer for or has been selected to engage in providing goods or services to the
State but does not mean a sole proprietorship or individual natural U.S. citizen.
Section 2. Certification. The undersigned hereby certifies to the State of South Dakota that:
2.1. The undersigned is not a Prohibited Entity.
2.2 If at any time after making this certification the undersigned becomes a Prohibited Entity, the undersigned will provide immediate written notice to all Executive Branch Agencies with whom the undersigned has a Contract. The undersigned understands and agrees that if the undersigned becomes a Prohibited Entity, Executive Branch Agencies may terminate any
Contract with the undersigned.
2.3 The undersigned acknowledges and agrees that Executive Branch Agencies have the right to terminate a Contract with any Contractor that submits a false certification.
Dated _______________________
Contractor:
By: _________________________________
Printed Name: ________________________
Title: _______________________________
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