Iran-Divestment-Act-Certification.pdf
PDF 67 KB Posted
- Attached to
- Refuse Removal State and local contract opportunity
- Solicitation number
- 24-25.019
- Issued by
- Suffolk County, New York
About this file
The document is an Iran Divestment Act Certification form associated with the New York State Education Department (AGENCY) and relevant to state contract opportunities. This certification relates to the Iran Divestment Act of 2012, which requires contractors to verify they are not engaged in investment activities in Iran by referencing a prohibited entities list that will be developed and posted on the Office of General Services (OGS) website.
The certification mandates that bidders/contractors cannot utilize subcontractors appearing on the prohibited entities list, and they must continuously certify their compliance throughout the contract term. If a violation is discovered, the agency will provide an opportunity to respond, and failure to demonstrate cessation of prohibited investments within 90 days may result in sanctions, compliance actions, damage recovery, or contract default. The agency reserves the right to reject bids from entities on the prohibited list, both before and after contract award, and may conduct responsibility reviews for such entities.
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Text version
IRAN DIVESTMENT ACT CERTIFICATION
As a result of the Iran Divestment Act of 2012 (Act), Chapter 1 of the 2012 Laws of New York, a new provision has been added to the State Finance Law (SFL), § 165-a, effective April 12, 2012. Under the Act, the Commissioner of the Office of General Services (OGS) will be developing a list (prohibited entities list) of “persons” who are engaged in “investment activities in Iran” (both are defined terms in the law). Pursuant to SFL § 165-a(3)(b), the initial list is expected to be issued no later than 120 days after the Act’s effective date, at which time it will be posted on the OGS website.
By submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, Bidder/Contractor (or any assignee) certifies that once the prohibited entities list is posted on the OGS website, it will not utilize on such Contract any subcontractor that is identified on the prohibited entities list.
Additionally, Bidder/Contractor is advised that once the list is posted on the OGS website, any Contractor seeking to renew or extend a Contract or assume the responsibility of a Contract awarded in response to the solicitation, must certify at the time the Contract is renewed, extended or assigned that it is not included on the prohibited entities list.
During the term of the Contract, should the New York State Education Department (AGENCY) receive information that a person is in violation of the above-referenced certification, AGENCY will offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment which is in violation of the Act within 90 days after the determination of such violation, then AGENCY shall take such action as may be appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the Contractor in default.
AGENCY reserves the right to reject any bid or request for assignment for an entity that appears on the prohibited entities list prior to the award of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the prohibited entities list after contract award.
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