Department of General Servicesprimary Pharmaceutical Wholesaler

Department of General ServicesPrimary Pharmaceutical Wholesaler

Procurement DivisionRFP DGS #0000006531

Pharmaceutical Acquisitions Section

Attachment 8: Darfur Contracting Act

Effective January 1, 2009, procurements for Non-Information Technology (Non-IT) goods or services must address the requirements of this Act. The Act is intended to preclude state agencies generally from contracting with SCRUTINIZED companies that do business in the African nation of Sudan (of which the Darfur region is a part), for the reasons described in Public Contract Code section 10475.

A SCRUTINIZED company is a company doing specified types of business in Sudan as defined in Public Contract Code section 10476.SCRUTINIZED companies are ineligible to, and cannot, bid on or submit a proposal for a contract with a State agency for Non-IT goods or services (Public Contract Code section 10477(a)). Public Contract Code section 10478 (a) requires a company that currently has (or within the previous three years has had) business activities or other operations outside of the United States to certify that it is not a SCRUTINIZED company in order to submit a bid or proposal to a State agency. A SCRUTINIZED company may still, however, submit a bid or proposal for a contract with a State agency for goods or services if the company first obtains permission from the Department of General Services (DGS) according to the criteria set forth in Public Contract Code section 10477(b).

The form on the following page shall be submitted to satisfy the Act’s certification requirements of Bidders. If your company has not, within the previous three years, had any business activities or other operations outside of the United States, mark not applicable (N/A) in the fields for one of the options.

Attachment 8: Darfur Contracting Act Certification

Public Contract Code Sections 10475 -10481 applies to any company that currently or within the previous three years has had business activities or other operations outside of the United States. For such a company to bid on or submit a proposal for a State of California contract, the company must certify that it is either a) not a scrutinized company; or b) a scrutinized company that has been granted permission by the Department of General Services to submit a proposal.

If your company has not, within the previous three years, had any business activities or other operations outside of the United States, you do notneed to complete this form. In the Company/Vendor Name field enter Not Applicable (N/A).

OPTION #1 – CERTIFICATION

If your company, within the previous three years, has had business activities or other operations outside of the United States, in order to be eligible to submit a bid or proposal, please insert your company name and Federal ID Number and complete the certification below.

I, the official named below, CERTIFY UNDERPENALTY OF PERJURY that a) the

Prospective proposer/bidder named below is nota scrutinized company per Public Contract Code10476; and b) I amduly authorized to legally bind the prospective proposer/bidder named below. This certification is made under the laws of the State of California.

Company/VendorName(Printed)
Click here to enter Company/Vendor Name. / Federal ID Number
Click here to enter ID #.
By (Authorized Signature)
PrintedNameand Title of Person Signing
Click here to enter Name & Title.
DateExecuted
Click here to enter a date. / Executed in the Countyand State of
Click here to enter County & State.

OPTION #2 – WRITTEN PERMISSION FROM DGS

Pursuant to Public Contract Code section 10477(b), the Directorof the Department of General Services (DGS) may permit a scrutinized company, ona case-by-case basis, to bid on or submit a proposal for a contract with a state agency for goods orservices, if it is in the best interests of the state. If you are a scrutinized company that has obtained written permission fromDGS tosubmit a bid or proposal, complete the information below.

We are a scrutinized company as defined in Public Contract Code section 10476, but we have received written permission fromDGS to submit a bid or proposal pursuant to Public Contract Code section 10477(b). A copy of the written permission fromDGS is included with ourbid or proposal.

Company/VendorName(Printed)
Click here to enter Company/Vendor Name. / Federal IDNumber
Click here to enter ID #.
By (Authorized Signature)
Printed Nameand Title of PersonInitialing
Click here to enter Name & Title.

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