Compliance with Executive Order GA-48
On November 19, 2024, Gov. Abbott issued Executive Order EO-GA-48 related to the hardening of state government. The intent of the EO-GA-48 is to, among other things, safeguard state systems, critical infrastructure, intellectual property, and personal information from being accessed and used by hostile foreign adversary governments to “undermine the safety and security of Texas and the nation.”
The foreign adversary governments identified in EO-GA-48 are those listed on the U.S. Department of Commerce’s foreign adversary list under 15 C.F.R. Section 791.4, which list currently includes the following countries:
(1) The People's Republic of China, including the Hong Kong Special Administrative Region (China) and Macau;
(2) Republic of Cuba (Cuba);
(3) Islamic Republic of Iran (Iran);
(4) Democratic People's Republic of Korea (North Korea);
(5) Russian Federation (Russia); and
(6) Venezuelan politician Nicolás Maduro (Maduro Regime).
EO-GA-48 mandates that all public institutions of higher education shall require any company that submits a bid, proposal, or quote with respect to a contract for goods or services to attest that the company, and if applicable, any of its holding companies or subsidiaries, is not:
a. Listed in Section 889 of the 2019 National Defense Authorization Act (NDAA); or
b. Listed in Section 1260H of the 2021 NDAA; or
c. Owned by the government of a country on the U.S. Department of Commerce's foreign adversaries list under 15 C.F.R. § 791.4; or
d. Controlled by any governing or regulatory body located in a country on the U.S. Department of Commerce's foreign adversaries list under 15 C.F.R. § 791.4.
Actions to meet compliance
As a result, MD Anderson’s Sourcing & Contracting and Purchasing department will require the following to be completed as part of any bid, proposal, or quote submission to MD Anderson:
- An attestation from the company that neither it, nor any of its holding companies or subsidiaries, meet the criteria in Section 1 of EO-GA-48. This form can be found on the Vendors and Suppliers Terms and Conditions page.
- A representation and warranty in any agreement for the procurement of goods or services to the same effect. This is included in our standard contract templates as of January 1, 2025.
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