Exhibit M - ANTI-DISCRIMINATION AGAINST ISRAEL ACT CERTIFICATION EXHIBIT.pdf
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- Solicitation number
- 300000208455673
- Issued by
- Missouri
About this file
This is an Anti-Discrimination Against Israel Act Certification Exhibit required by the State of Missouri under Section 34.600, RSMo, for state and local contract opportunities. The certification mandates that vendors certify their current status and compliance with prohibitions against boycotting Israel, Israeli entities, and companies doing business with Israel. The requirement applies to all contracts unless the contract has a total potential value of less than one hundred thousand dollars or the contractor has fewer than ten employees. Vendors must complete one of three certification boxes based on their business classification: Box A for non-company entities, Box B for company entities with fewer than ten employees, or Box C for company entities with ten or more employees. If a vendor's status changes during contract performance—such as a non-company entity becoming a company with ten or more employees—the vendor must update its certification and submit Box C to the Division of Purchasing prior to delivery of services or supplies.
Box C requires vendors meeting the company definition with ten or more employees to certify that they are not currently engaged in and will not engage in a boycott of Israeli goods, services, or entities doing business with Israel for the duration of the contract. The statute defines "boycott" broadly to include refusals to deal, termination of business activities, or other discriminatory actions intended to inflict economic harm on Israel or related entities. A company's public statement regarding participation in a boycott constitutes conclusive evidence of non-compliance, though companies making no such statements may still be found non-compliant if other factors support such a determination.
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EXHIBIT M
ANTI-DISCRIMINATION AGAINST ISRAEL ACT CERTIFICATION
Statutory Requirement: Section 34.600, RSMo, precludes entering into a contract with a company to acquire products and/or services “unless the contract includes a written certification that the company is not currently engaged in and shall not, for the duration of the contract, engage in a boycott of goods or services from the State of Israel; companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel; or persons or entities doing business in the State of Israel.”
Exceptions: The statute provides two exceptions for this certification: 1) “contracts with a total potential value of less than one hundred thousand dollars” or 2) “contractors with fewer than ten employees.” Therefore the following certification is required prior to any contract award.
Section 34.600, RSMo, defines the following terms:
Company - any for-profit or not-for-profit 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.
Boycott Israel and Boycott of the State of Israel - engaging in refusals to deal, terminating business activities, or other actions to discriminate against, inflict economic harm, or otherwise limit commercial relations specifically with the State of Israel; companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel; or persons or entities doing business in the State of Israel, that are all intended to support a boycott of the State of Israel. A company’s statement that it is participating in boycotts of the State of Israel; companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel; or persons or entities doing business in the State of Israel, or that it has taken the boycott action at the request, in compliance with, or in furtherance of calls for a boycott of the State of Israel; companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel; or persons or entities doing business in the State of Israel shall be considered to be conclusive evidence that a company is participating in a boycott of the State of Israel; companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel; or persons or entities doing business in the State of Israel; provided, however that a company that has made no such statement may still be considered to be participating in a boycott of the State of Israel; companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel; or persons or entities doing business in the State of Israel if other factors warrant such a conclusion.
Certification: The vendor must therefore certify their current status by completing either Box A, Box B, or Box C on the next page of this Exhibit.
BOX A: To be completed by any vendor that does not meet the definition of “company” above, hereinafter referred to as “Non-Company.”
BOX B: To be completed by a vendor that meets the definition of “Company” but has less than ten employees.
BOX C: To be completed by a vendor that meets the definition of “Company” and has ten or more employees.
EXHIBIT M, continued
BOX A – NON-COMPANY ENTITY
I certify that ___________________ (Entity Name) currently DOES NOT MEET the definition of a company as defined in section 34.600, RSMo, but that if awarded a contract and the entity’s business status changes during the life of the contract to become a “company” as defined in section 34.600, RSMo, and the entity has ten or more employees, then, prior to the delivery of any services and/or supplies as a company, the entity agrees to comply with, complete, and return Box C to the Division of Purchasing at that time.
Authorized Representative’s Name (Please Print) Authorized Representative’s Signature
Entity Name Date
BOX B – COMPANY ENTITY WITH LESS THAN TEN EMPLOYEES
I certify that ___________________ (Company Name) MEETS the definition of a company as defined in section 34.600, RSMo, and currently has less than ten employees but that if awarded a contract and if the company increases the number of employees to ten or more during the life of the contract, then said company shall comply with, complete, and return Box C to the Division of Purchasing at that time.
Company Name Date
BOX C – COMPANY ENTITY WITH TEN OR MORE EMPLOYEES
I certify that ___________________ (Company Name) MEETS the definition of a company as defined in section 34.600, RSMo, has ten or more employees, and is not currently engaged in a boycott of goods or services from the State of Israel; companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel; or persons or entities doing business in the State of Israel as defined in section 34.600, RSMo. I further certify that if the company is awarded a contract for the services and/or supplies requested herein said company shall not engage in a boycott of goods or services from the State of Israel; companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel; or persons or entities doing business in the State of Israel as defined in section 34.600, RSMo, for the duration of the contract.
Company Name Date
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