The Commonwealth of Massachusetts State Purchasing Agent's South Africa list

64 Pages·1992·2.5 MB·English

by  Massachusetts. Purchasing Agent's Division

FEBRUARY, 1993
EXECUTIVE OFFICE FOR ADMINISTRATION Sl FINANCE
Department of Procurement and General Services
One Ashburton Place, 10th Floor, Boston, Massachusetts 02108
Publication No. 17167-59-35 -2/93- 3.00C.R.
Approvedby: PhilmoreAndersonIII,State PurchasingAgent

Commonwealth of Massachusetts
Executive Office for Administration and Finance
Department of Procurement and General Services
Commonwealth of Massachusetts
South Africa List
Pursuantto Executive Order No. 288 signed by Governor Dukakis on June 21, 1990 and
Massachusetts Regulations 802 OMR 5.00 governing the implementation of the
Commonwealth's South Africa Purchasing Policy, an updated list of companies doing
business in or with the Republic of South Africa has been complied by the State
Purchasing Agent This new List replaces the earlier July 1989 List published by the
Purchasing Agent. Uncertainly regarding the status of Namibia delayed this publication
until Executive Order No. 288 clarified the issue. This current List no longer includes
companies doing business in or with Namibia. The Commonwealth's South Africa List
("The List") will be utilized bythose Commonwealth offices and officials who are
responsible forthe procurement of goods, supplies, equipment and services. The List
was complied based upon the definition of doing business as setforth in the Executive
Order and the Regulations. In addition, the lists compiled bythe Investor Responsibility
Research Center, (IRRC) and the Africa Fund were consulted for informational purposes.
PLEASE NOTE: Neitherthe IRRC northe Africa Fund has reviewed the Commonwealth's
List nor had any role in its publication. The decision to place or not place the name of
any person on the List lies solelywith the Commonwealth.
The List is to be utilized by Commonwealth purchasing officials forthe sole purpose of
carrying outthe South Africa Purchasing Policy as setforth in the Executive Order and
the Regulations. This List should not be used by any other source, either private or
public, orfor any other purpose without independent verification ofthe information
contained herein. The List shall be updated and published on a semi-annual basis by
the State Purchasing Agent
The Commonwealth has exercised due diligence and reasonable efforts in preparing the
List However, if a person listed herein believes thatthis listing is erroneous orthatthe
status ofthe person's tiesto South Africa has changed, suchthatthey no longer meet
the criteriafor doing business as setforth inthe Executive Order orthe Regulations, an
appeal may be made tothe State Purchasing Agent as provided for in the Regulations,
802 CMR5.10.
Finally, foryour information, we have included as appendices to this publication the
Governor's Executive Order No. 288 (Appendix 1) and the complete Regulations, 802
CMR
5.00 (Appendix2).
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APPENDIX
1
The Commonwealth of Massachusetts
Executive Department
STATE MOUSE BOSTON 0213?
•
JUN
2 6 1990
tCL S DUKAKIS
GOVCftMO* By His Excellency
MICHAEL S. DUKAKIS
GOVERNOR
EXECUTIVE ORDER No.
REVOKING AND SUPERSEDING EXECUTIVE ORDER NUMBER 281
Preamble
On January 21, 1989, Executive Order Number 281 was issued,
regulating state contracts with companies doing business with
the Republic of South Africa and Namibia.
On March 21, 1990, after a century of colonial rule,
Namibia gained its independence from South Africa and from the
South African policy of apartheid.
In recognition of this victory for democracy and human
rights, I, Michael S. Dukakis, Governor of the Commonwealth of
Massachusetts, do hereby abolish all regulations prohibiting
the procurement of goods and services relative to companies
doing business with or in Namibia.
KHEREAS, apartheid is a policy of racial exclusion and
repression and is the official policy of the government of the
Republic of South Africa;
KHEREAS, under the system of apartheid the non-white
citizens of the Republic of South Africa, who represent the
overwhelming majority of that nation's population, have been
systematically excluded from the material benefits of that
society and have been subjected to brutal repression;
KHEREAS, the government of South Africa have imposed on the
people of that nation a social system- founded on racial
separation and the denial of basic human rights:
WHEREAS, the Commonweal th of Massachusetts and the United
States of America are committed to the principles of achieving
equality of opportunity for all regardless of race, religion or
national origin; and
WHEREAS the Commonwealth of Massachusetts, in continuing
its long tr,adition of upholding the dignity of all people and
striving for the elimination of all artificial barriers to
human fulfillment and achievement, cannot provide economic
support for a social system whose policies are so antithetical
to the principles of the people of Massachusetts;
NOW, THEREFORE, I, Michael S. Dukakis, Governor of the
Commonwealth of Massachusetts, by virtue of the authority
vested in me as Supreme Executive Magistrate, do hereby order
as follows:
ARTICLE I. Declaration of Policy
1.1 The Commonwealth of Massachusetts shall not support
through the purchasing power of state government the
social system in South Africa that is founded on racial
segregation.
1.2 The policy of the Commonwealth shall be that unless the
procurement is essential and there is no other available
source, no state agency shall procure goods or services
which (a) originate in South Africa or (b) are provided
by a person not located in South Africa, but functioning
as an operation, licensee, franchise, or majority-owned
subsidiary of a person located in South Africa or
functioning as an agent of the government of South
Africa.
1.3 The Secretary of the Executive Office of Administration
and Finance, through the Purchasing Agent's Division,
shall establish a purchasing preference policy to steer
state contracts away from vendors doing business with or
in South Africa and shall maintain and regularly update a
list of all persons doing business with or in South
Africa. This list shall be known as the "prohibited
procurement list". In establishing the prohibited list,
the State Purchasing Agent, in consultation with the
Secretary for Economic Affairs, shall consult the most
recent annual report of the U.S. Consulate General of
Johannesburg, entitled "American Firms, Subsidiaries and
Affiliates South Africa", United Nations reports, and
other reliable sources.
'
ARTICLE 13. Definition^
2.1 "Doing business with or in South Africa" shall mean, in
the case of any person, (a) having: any operations,
licenses, franchises, majority-owned subsidiaries, or
contracts of assured supply in South Africa; or (b)
providing financial services to the government of South
Africa; or (c) promoting the importation or sale of gold
or gold products fror South Africa; or (d) providing any
goods or services to the government of South Africa.
2.2 "fiPremr,sona"ssoschiaaltlionm,eancorapno;rat: uico.ni,\ i do:j_ ".otva:re.rc eanntyity\.c r t ni rsh i p ,
ARTICLE 133. Exempt onf
j
3.1 This executive order shall not apr-> to (a) the
replacement of parts or provision of service: for
maintaining and operating the Cocronweal X): s equipment
and systems, and (b) medical supplies intended to
preserve or prolong life or to cure, prevent, or
ameliorate diseases, including hospital, nutritional,
diagnostic, pharmaceutical and non-prescription products
specifically manufactured to satisfy identified health
care needs, for which there is no medical substitute.
3.2 Contractual obligations in effect on the date this
executive order is implemented through regulations as
provided for in Article IV are not affected by this
executive order.
3.3 A person with operations in South Africa for the sole
purpose of reporting the news or providing international
telecommunications shall not be considered doing .business
in that country.
ARTICLE IV. Implement at ion
4.1 The provisions of this executive order sh=ll be
implemented by regulations promulgated by the Secretary
of Administration and Finance, through the Purchasing
Agent's Division. Such regulations shall be effective on
or before Jul y 1 , 1989.
4.2 No waivers to the provisions of this executive order
shall be made except upon the written det ermi na t i on of
the Purchasing Agent and the Secretar;- of Administration
anc* Finance that no practicable substitute is availaM;
t c- satisfy the nerd of the Comr.onv? i ". •
4.3 Exceptions in addition to those listed in Article III,
when not inconsistent with the purposes of this executive
order, nay be made by regulations promulgated by the
Secretary of Administration and Finance, through the
Purchasing Agent's Division.
4.4 The Purchasing Agent shall forward copies of the
regulations to state authorities and public institutions
of higher education, who are encouraged to adopt
comparable policies and regulations.
4.5 This executive order shall be interpreted to be
consistent with any applicable federal law and shall not
be interpreted in a way that would result in any loss or
reduction in the amount of funds for which the state is
eligible or entitled under any federal law.
rat the Executive Chamber in
Djr/ this 21st
of our loi
fred and ninety, and of the
ice M of/the UnJited States of
rph Connolly
Secretary of the Commonwealth
GOD SAVE THE COMMONWEALTH OF MASSACHUSETTS
4392L
802 CMR: DEPARTMENT OF PROCUREMENT AND GENERAL SERVICES
APPENDIX 2
802 CMR 5.00: SOUTH AFRICA PREFERENCE REGULATIONS RECULATINC STATE
CONTRACTS WITH COMPANIES DOING BUSINESS IN OR WITH THE
REPUBLIC OF SOUTH AFRICA
Section
5.01: Application and Purpose
5.02: Scope and Authority
5.03: Definitions
5.04: Delegation
5.05: Persons. Goods or Services Which Originate in South Africa
5.06: Procurement Preference
5.07: The South Africa Ust
5.08: Exemptions
5.09: Waivers
5.10: Appeals of Purchasing Agent's Decisions
5.11: Responsibilities of Executive Branch Agencies
5.12: Requirements of Federal Law
5.13: Severability
5.01: Application and Purpose
(1) The purpose of these regulations is tc ensure, pursuant to the requirements
of Executive Order No. 288, that the Commonwealth of Massachusetts, through
its executive branch agencies, does not sanction nor support through the
purchasing power of state government a social system founded on racial
segregation.
(2) These regulations shall apply to all agencies, boards, departments and
commissions of the executive branch ofstate government. State institutions of
higher education and state authorities are encouraged by the terms of Executive
Order No. 288 to adopt these regulations or develop regulations similar thereto
governing purchases from vendors originating in South Africa or vendors doing
business in or withSouth Africa.
S.02: Scope and Authority
(1) These regulations are adopted pursuant to the authorityset forth in M.G.L.
c. 7, ss. 4 and 22; and M.G.L c. 30. ss. SI and 52; and in accordance with
Executive Order No. 288 signedby Governor Dukakis on June 21, 1990.
(2) These regulations set forth the policies, standards and procedures to effect
compliance with Executive Order No. 288 governing state procurement of goods,
supplies, equipment, and services incidental to the purchase thereof from
vendors originating in SouthAfrica or doing business inor withSouth Africa.
5.03: Definitions
Each of the following terms shall have the meaning assigned in this section,
unless another meaning is obvious from the context:
Agencv. Any subdivision of the executive branch of the government of the
Commonwealth including but not limited to any executive office, department,
division, bureau, board, authority, commission or committee, therein.
Bid. A response by a vendor to an Invitation for Bids (IFB) or a Request for
Quotations (RFQJ.
Contract. A legally enforceable written agreement between a contractor and
the Commonwealth by which a good or supply, or services incidental thereto,
are procured.
Contractor. An individual, corporation or other business entity which enters
into a legally enforceable agreement with the Commonwealth to deliver goods
orsuppliesorservices incidental thereto.
Department (see "Agency").
8/31/90 802 CMR - 19
802 CMR: DEPARTMENT OF PROCUREMENT AND GENERAL SERVICES
5.03: continued
Essential. Necessary to avoid substantial harm to an agency program(s).
Franchise Any business entity required to provide disclosure under the Federal
Trade Com.mission Regulations. 16 CFR Chapter 1. Section 436.2. sub (a); (1) (i)
A (1) (2); (B) (l) (2); (1-1-88 Edition, pg. 278) as it may be amended.
Good. An article of trade or a moveable article of value which is bought or
sold, excluding real property, a tangible thing which is produced or used as the
subject of barterorsale.
Government of South Africa Any public orquasi-public entity operating within
.
the Republic of South Africa, including, but not limited to, municipal,
provisional, national, orother governmental bodies, including all departments or
agencies of such bodies, public utilities, public facilities, or any national
corporation in which the Republic of South Africa has a financial interest or
operational responsibilities, and including Bantustans orso-called 'independent"
Homelands.
Invitation for Bids fIFB). The solicitation document used for competitive sealed
bidding, including ail materials, whether attachedor incorporated by reference.
License Permission granted by a person to another, or to the government of
.
South Africa to exercise a certain privilege or to carryon a particular business.
Lowest Responsive and Responsible Bidder The vendor submitting the lowest
.
price, as determined by the cost formula, in response to an Invitation for Bid
who is capableof performing the proposed contract according to the criteria set
forth in the solicitation.
Only Available Source (See SoleSource Procurement).
.
Person. Any individual, partnership, firm, association, corporation, or other
entity.
Procurement. The procedures for obtaining goods and supplies, including all
activities from the planning steps at initial processing of a requisition, through
receipt and acceptance of goods at delivery, including, but not limited to. the
acts of preparing specifications, evaluationof bids orproposals, making awards,
and administering contracts are involved.
Proposal. A response by a vendor to a Request for Proposal
Request for Proposals fRFP) The solicitation document used for competitive
.
proposals, including any materials whether attached or incorporated by
reference.
Services. The furnishing of labor, time or effort by a contractor incidental to
the performance of a contract.
Sole Source Procurement. An award for a good or supply to the only known
capable supplier occasioned by the unique nature of the requirement, supplier,
or market conditions.
Solicitation. The process of notifying prospective bidders or offerors that the
Commonwealth seeks to receive bids or proposals for furnishing a good or
supply, and services incidental thereto.
South Africa List. A listing of all companies that have eitherdirect or indirect
business dealings with South Africa (see Doing Business in or with South Africa
802 CMR 3.06(3)).
State Purchasing Agent or his Designee. The individual appointed by the
Governor to direct the Department of Purchasing and General Services (DPGS)
pursuant toSt. 1989. c. 731.
8/31/90 802 CMR - 20