Darfur Contracting Act (Non-IT Goods and Services) - 607

Pursuant to Public Contract Code, Sections 10475 through 10481, for acquisitions of non-IT goods or services, departments must require vendors to certify whether they are a scrutinized company. This applies regardless of the procurement approach, method, or solicitation format used including, but not limited to: Formal Bids, Informal Bids, Request for Proposals, Invitation for Bids, Non-Competitive Bids, the SB/DVBE Option, and Fair and Reasonable acquisition method.

Please follow the link for a sample of the code-compliant document that satisfies the Act’s certification requirements.

Departments that elect to develop their own processes and/or documents to suit their business needs should work with their legal counsel to ensure compliance with the Act.

The only exception to departments obtaining this information is for contracts awarded using DGS Leveraged Procurement Agreements (LPAs).

Effective January 1, 2009, procurements for 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 as defined in Public Contract Code, Section 10476 is ineligible to 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).