RFP_24RFP9840_Exhibit C_Certification re Prohibited Entity.docx

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Attached to
Accountability and Data Platform
Solicitation number
24RFP9840
Issued by
Harding County, South Dakota

About this file

This document is an Exhibit C Contractor Certification required by South Dakota Executive Order 2023-02 for state agency contracts. It defines a "Prohibited Entity" as an organization ultimately owned or controlled by a foreign national, parent entity, or government from China, Iran, North Korea, Russia, Cuba, or Venezuela. The certification requires contractors to attest that they are not a Prohibited Entity and agree to provide immediate written notice to state agencies if they become a Prohibited Entity, at which point the state may terminate the contract. The certification also acknowledges that the state has the right to terminate a contract if the contractor submits a false certification.

The related state and local contract opportunity is for an Accountability and Data Platform. The invitation for this RFP is designated as "Invitation Only," however, this does not impose exclusivity or restrict access, and all interested parties can access and respond to the RFP via the Central Bid Exchange on the state's procurement website.

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Exhibit C

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.
2.2If 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.
2.3The 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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