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. ' <br /> 5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA: <br /> a. When agreements are to be performed in the state by <br /> corporations, the contracting agencies will be verifying that <br /> the contractor is currently qualified to do business in <br /> California in order to ensure that all obligations due to the <br /> state are fulfilled. <br /> b. "Doing business" is defined in R&TC Section 23101 as <br /> actively engaging in any transaction for the purpose of <br /> financial or pecuniary gain or profit. Although there are <br /> some statutory exceptions to taxation, rarely will a <br /> corporate contractor performing within the state not be <br /> subject to. the franchise tax. <br /> c. Both domestic and foreign corporations (those incorporated <br /> outside of California) must be in good standing in order to <br /> be qualified to do business in California. Agencies will <br /> determine whether a corporation is in good standing by <br /> calling the Office of the Secretary of State. <br /> 6. RESOLUTION: A county, city, district, or other local public <br /> body must provide the State with a copy of a resolution, order, <br /> motion, or ordinance of the local governing body which by law has <br /> authority to enter into an agreement, authorizing execution of the <br /> agreement. <br /> 7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the <br /> Contractor shall not be: <br /> (1) in violation of any order or resolution not subject to <br /> review promulgated by the State Air Resources Board or an air <br /> pollution control district; <br /> (2) subject to cease and desist order not subject to <br /> review issued pursuant to Section 13301 of the Water Code for <br /> violation of waste discharge requirements or discharge <br /> prohibitions; or <br /> (3) finally determined to be in violation of provisions of <br /> federal law relating to air or water pollution. <br /> 8. ANTITRUST CLAIMS: <br /> a. The Government Code Chapter on Antitrust claims contains <br /> the following definitions: <br /> 1) . "Public purchase" means a purchase by means of <br /> competitive bids of goods, services, or materials by the <br /> State or any of its political subdivisions or public <br /> agencies on whose behalf the Attorney General may bring <br /> an action pursuant to subdivision (c) of Section 16750 <br /> of the Business and Professions Code . <br /> 26 89 <br />