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). recycledpaper Digitized by the Internet Archive 2014 in https://archive.org/details/commonwealthofma993mass 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