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Last modified
3/21/2024 5:56:02 PM
Creation date
12/26/2023 3:00:54 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
10/16/2023
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PERM
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EXHIBIT E – DARFUR CONTRACTING ACT <br />If your agency hires a contractor to complete work under this grant, the contractor must fill out and <br />sign the Darfur Contracting Act form prior to execution of the contract. A Sample of The Darfur <br />Contracting Act form is provided on the next page; this form (DGS PD 1) can also be downloaded <br />from the California Department of General Services website. <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 Legislature <br />and signed into law by the Governor to preclude State agencies generally from contracting with <br />“scrutinized” companies that do business in the African nation of Sudan (of which the Darfur region is <br />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 />The following sample Attachment may be included in an IFB or <br />RFP to satisfy the Act’s certification requirements of bidders <br />and proposers. <br />Date: 09/20/2023 Contract # C23SO609, City of San Leandro Marina, Surrendered and Abandoned Vessel <br />Exchange (SAVE) Fiscal Year 2023/2024 <br />__________________________________________________________________________ <br />Page: 28 of 4343
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