Orange County NC Website
DocuSign Envelope ID:477C45AE-B489-46C6-84F5-C1CB6A598105 <br /> 46 <br /> 1. "Boycott Israel"means refusing to deal with, terminating business activities with, or otherwise taking <br /> any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically <br /> with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not <br /> include an action made for ordinary business purposes; and <br /> 2. "Company" means a for-profit sole proprietorship, organization, association, corporation, partnership, <br /> joint venture, limited partnership, limited liability partnership, or any limited liability company, including a <br /> wholly owned subsidiary, majority-owned subsidiary,parent company or affiliate of those entities or business <br /> associations that exist to make a profit. <br /> ARTICLE 18: NO EXCLUDED NATION OR TERRORIST ORGANIZATION CERTIFICATION <br /> As required by Chapter 2252 of the Texas Government Code the Contractor must certify that it is not a <br /> company engaged in active business operations with Sudan, Iran, or a foreign terrorist organization— <br /> specifically, any company identified on a list prepared and maintained by the Texas Comptroller under Texas <br /> Government Code §§806.051, 807.051, or 2252.153. (A company that the U.S. Government affirmatively <br /> declares to be excluded from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions <br /> regime relating to a foreign terrorist organization is not subject to the contract prohibition.) <br /> ARTICLE 19: PROHIBITION ON CONTRACTING WITH ENTITIES USING CERTAIN <br /> TELECOMMUNICATIONS AND VIDEO SURVEILLANCE EQUIPMENT (Effective Aug. 13, 2020 <br /> and as amended October 26, 2020) <br /> Pursuant to 2 CFR 200.216, Contractor shall not offer equipment, services, or system that use covered <br /> telecommunications equipment or services as a substantial or essential component of any system, or as critical <br /> technology as part of any system. "Covered telecommunications equipment or services means 1) <br /> telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any <br /> subsidiary or affiliate of such entities); 2) for the purpose of public safety, security of government facilities, <br /> physical security surveillance of critical infrastructure, and other national security purposes, video surveillance <br /> and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision <br /> Digital Technology Company, or Dahua Technology Company(or any subsidiary or affiliate of such entities); <br /> 3) telecommunications or video surveillance services provided by such entities or using such equipment; or 4) <br /> telecommunications or video surveillance equipment or services produced or provided by an entity that the <br /> Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal <br /> Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, <br /> the government of a covered foreign country. <br /> Contractor must comply with requirements for certifications. The provision at 48 C.F.R Section 52.204-26 <br /> requires that Contractors review SAM prior to completing their required representations. This rule applies to all <br /> acquisitions, including acquisitions at or below the simplified acquisition threshold and to acquisitions of <br /> commercial items, including commercially available off the-shelf items. <br /> ARTICLE 20: BUY AMERICA ACT (National School Lunch Program and Breakfast Program) <br /> With respect to products purchased by CUSTOMER/END USER for use in the National School Lunch Program <br /> and/or National School Breakfast Program, Contractor shall comply with all federal procurement laws and <br /> regulations with respect to such programs, including the Buy American provisions set forth in 7 C.F.R. Part <br /> 210.21(d), to the extent applicable. Contractor agrees to provide all certifications required by <br /> CUSTOMER/END USER regarding such programs. <br /> In the event Contractor or Contractor's supplier(s) are unable or unwilling to certify compliance with the Buy <br /> American Provision, or the applicability of an exception to the Buy American provision, H-GAC <br /> CUSTOMER/END USER may decide not to purchase from Contractor. Additionally, H-GAC <br /> Page 5 of 8 <br />