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8J Consent 2018 0904
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8J Consent 2018 0904
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Last modified
8/28/2018 5:58:18 PM
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8/28/2018 5:58:17 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
9/4/2018
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PERM
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Reso 2018-102
(Approved by)
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\City Clerk\City Council\Resolutions\2018
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EXHIBIT F <br />Bid/Proposal Attachment regarding the Darfur Contracting Act of 2008 <br />Effective January 1, 2009, all Invitations for Bids (IFB) or Requests for Proposals (RFP) for goods or <br />services must address the requirements of the Darfur Contracting Act of 2008 (Act). (Public Contract <br />Code sections 10475, et seq.; Stats. 2008, Ch. 272). The Act was passed by the California <br />Legislature and signed into law by the Governor to preclude State agencies generally from contracting <br />with “scrutinized” companies that do business in the African nation of Sudan (of which the Darfur <br />region is a part), for the reasons described in Public Contract Code section 10475. <br />A scrutinized company is a company doing business in Sudan as defined in Public Contract Code <br />section 10476. Scrutinized companies are ineligible to, and cannot, bid on or submit a proposal for a <br />contract with a State agency for goods or services. (Public Contract Code section 10477(a)). <br />Therefore, Public Contract Code section 10478 (a) requires a company that currently has (or within <br />the previous three years has had) business activities or other operations outside of the United States <br />to certify that it is not a “scrutinized” company when it submits a bid or proposal to a State agency. <br />(See # 1 on the sample Attachment). <br />A scrutinized company may still, however, submit a bid or proposal for a contract with a State agency <br />for goods or services if the company first obtains permission from the Department of General Services <br />(DGS) according to the criteria set forth in Public Contract Code section 10477(b). (See # 2 on the <br />sample Attachment). <br />The following sample Attachment may be included in an IFB or RFP to satisfy the Act’s certification <br />requirements of bidders and proposers. <br />Date: 07/30/2018 Contract # C18S0605, City of San Leandro Marina, Surrendered and Abandoned Vessel <br />Exchange (SAVE) Fiscal Year 2018/2019 <br />__________________________________________________________________________ <br />Page: 26 of 3939 <br />105
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