Exhibit M - ANTI-DISCRIMINATION AGAINST ISRAEL.pdf

PDF 131 KB Posted

Attached to
SE Piedmont Sanitary Extension
Solicitation number
IFB605CO25000817
Issued by
Texas County, Missouri

About this file

This is an Anti-Discrimination Against Israel Act Certification document required by the Missouri Department of Transportation for the SE Piedmont Sanitary Extension construction project in Texas County, Missouri. The certification is mandated by Section 34.600, RSMo, and requires vendors to certify their compliance status prior to contract award. The project involves the construction of approximately 653 linear feet of 8-inch SDR-35 PVC gravity sewer line with 6 manholes, 60 linear feet of 12-inch steel casing for sewer under the Union Pacific Railroad, and approximately 235 linear feet of 6-inch sewer lateral with cleanouts. A mandatory pre-bid meeting is scheduled for November 13, 2024, at 11:00 AM, with the bid submission period running from November 1 through December 20, 2024, with bids due by 2:00 PM CST. The project must be completed by December 31, 2025, with a Notice to Proceed anticipated by January 1, 2025.

The certification applies differently based on vendor classification: Non-Company entities (Box A), Company entities with fewer than ten employees (Box B), and Company entities with ten or more employees (Box C). Vendors with ten or more employees must certify that they are not currently engaged in and will not engage in a boycott of goods or services from the State of Israel, companies doing business in or with Israel, or persons or entities doing business in the State of Israel for the duration of the contract. The statute exempts contracts with a total potential value of less than one hundred thousand dollars and contractors with fewer than ten employees from this certification requirement. Contractors must provide a 5% bid bond, a 100% performance and payment bond if awarded, and maintain $4,000,000 in general and automobile liability insurance. Prevailing wage rates apply according to Wayne County Annual Wage Order #31, and all on-site employees must receive OSHA 10-hour construction safety training.

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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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