Instructions for "Restriction of Boycott of Israel Certification" - Arkansas

This document was released by Arkansas Department of Finance & Administration and contains official instructions for Restriction of Boycott of Israel Certification. The up-to-date fillable form is available for download through this link.

Instruction Details:

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Download Instructions for "Restriction of Boycott of Israel Certification" - Arkansas

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Israel Boycott Restriction Instructions
Guidelines for obtaining certification from vendors as required by Arkansas law (Ark. Code Ann. § 25-1-503)
Agencies should require the successful bidder to complete and return the Restriction of Boycott of Israel Certification
form or check the Israel Boycott Restriction Confirmation checkbox on the solicitation template. These are located on
the “Procurement Forms and Reporting” page of the Office of State Procurement website. This document must be
attached to the AASIS contract or purchase order, or a printed version must be kept in the bid record.
Type of Procurement
Who acquires the certification
State Contracts: Resulting from OSP solicitations
OSP
State Contracts: Resulting from cooperative purchasing
OSP
Agency Contracts: Resulting from agency solicitations
Agency
Agency Contracts: Resulting from cooperative purchasing
Agency
Not required - the certification is acquired when
Purchase Order: Released against a state contract
the contract is created.
Not required - the certification is acquired when
Purchase Order: Released against an agency contract
the contract is created.
Purchase Order: Stand alone; not in reference to any contract
Agency
No Certification Required:
The requirement that a company certify that it does not boycott Israel does not apply to:
(1)
(a.) Contracts with a total potential value of less than one thousand dollars ($1,000); or
(b.) A company that offers to provide the goods or services for at least twenty percent (20%) less than the
lowest certifying business.
The requirement applies to written contracts only and is to be applied prospectively. Any written contract entered
(2)
into prior to August 1, 2017 does not require certification.
Vendors are not required to submit a certificate for purchases made with a p-card as they do not require a written
(3)
contract.
Certification is required at the time a written contract is entered into; renewals or extensions of contracts do not
(4)
require certification.
Repeat Certifications Not Required:
Once a vendor has submitted certification that they do not participate in a boycott of Israel, there is no need to repeat
the request for subsequent contracts as long as the certificate is effective and on file. The contracting public entity
should keep the certification on file for audit purposes.
If a vendor decides to participate in a boycott of Israel after having submitted the certification, it is the responsibility of
the vendor to notify the public entity of the change in status.
Remedy for Violation:
If the contractor violates the above certification or is found to be incompliant during the term of the contract, the state
may require the contractor to remedy the violation within 60 days of discovery of that violation. Failure to remedy the
violation within the 60-day period may result in termination for breach of contract, and the contractor may be liable to
the State for the State’s actual damages.
08032018
Israel Boycott Restriction Instructions
Guidelines for obtaining certification from vendors as required by Arkansas law (Ark. Code Ann. § 25-1-503)
Agencies should require the successful bidder to complete and return the Restriction of Boycott of Israel Certification
form or check the Israel Boycott Restriction Confirmation checkbox on the solicitation template. These are located on
the “Procurement Forms and Reporting” page of the Office of State Procurement website. This document must be
attached to the AASIS contract or purchase order, or a printed version must be kept in the bid record.
Type of Procurement
Who acquires the certification
State Contracts: Resulting from OSP solicitations
OSP
State Contracts: Resulting from cooperative purchasing
OSP
Agency Contracts: Resulting from agency solicitations
Agency
Agency Contracts: Resulting from cooperative purchasing
Agency
Not required - the certification is acquired when
Purchase Order: Released against a state contract
the contract is created.
Not required - the certification is acquired when
Purchase Order: Released against an agency contract
the contract is created.
Purchase Order: Stand alone; not in reference to any contract
Agency
No Certification Required:
The requirement that a company certify that it does not boycott Israel does not apply to:
(1)
(a.) Contracts with a total potential value of less than one thousand dollars ($1,000); or
(b.) A company that offers to provide the goods or services for at least twenty percent (20%) less than the
lowest certifying business.
The requirement applies to written contracts only and is to be applied prospectively. Any written contract entered
(2)
into prior to August 1, 2017 does not require certification.
Vendors are not required to submit a certificate for purchases made with a p-card as they do not require a written
(3)
contract.
Certification is required at the time a written contract is entered into; renewals or extensions of contracts do not
(4)
require certification.
Repeat Certifications Not Required:
Once a vendor has submitted certification that they do not participate in a boycott of Israel, there is no need to repeat
the request for subsequent contracts as long as the certificate is effective and on file. The contracting public entity
should keep the certification on file for audit purposes.
If a vendor decides to participate in a boycott of Israel after having submitted the certification, it is the responsibility of
the vendor to notify the public entity of the change in status.
Remedy for Violation:
If the contractor violates the above certification or is found to be incompliant during the term of the contract, the state
may require the contractor to remedy the violation within 60 days of discovery of that violation. Failure to remedy the
violation within the 60-day period may result in termination for breach of contract, and the contractor may be liable to
the State for the State’s actual damages.
08032018