Declaration of Material Assistance DMA Forms

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Declaration of Material Assistance (DMA) Forms

• An Overview of the Law
• Presented by
• Heather Reed Frient, Associate Legal Counsel
• David Winn, OHS Project Manager
• Ohio Department of Public Safety

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Summary of Overview

• 1. Declaration of Material Assistance to a
  Terrorist Organization (DMA Forms)
• 2. Certification Requirements
• 3. Precertification Requirements
• 4. Frequently Asked Questions
• 5. Questions

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DMA Forms
DMA forms were created to provide the state with
an additional tool to deter and prosecute acts of
terrorism in Ohio.
Law prohibits government entities from licensing,
hiring, or contracting with persons/entities who
have provided material assistance to a terrorist
organization.
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DMA Forms
General Provisions

• Must be signed by the individual/person
  authorized by the corporation
• Consists of 6 Yes/No questions which relate to
  providing material assistance to a terrorist
  organization
• Must be accompanied by the U.S. Department of
  State Terrorist Exclusion List (TEL)
• Is NOT required for current public employees and
  companies with current government contracts
• Current holders of identified licenses do NOT
  need to complete a DMA form until the time of
  renewal

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DMA Forms
WHO MUST COMPLETE?
Certain License Holders (RC 2909.32) Government
Contracting (RC 2909.33) Public Employment
(RC 2909.34)
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DMA Forms
Government Contracting Certification (RC
2909.32(C))

• Certification Prior to entering into a contract
  to conduct business with or receive
• funding from a governmental entity, a private
  entity (vendor) must certify by
• completing a DMA form with all No answers
  that it has not provided material
• assistance to an organization on the TEL.
• Only required if the entity has received, or will
  receive as a result of the pending contract, an
  aggregate amount greater than 100,000, minus
  personal benefits, during the current fiscal
  year.
• 100,000 verification is determined by the
  vendor. After a vendor reaches 100,000,
• it has 30 days to certify before being subject
  to a civil penalty (1,000 for each day the
• vendor is not certified).
• State and local entities will need to include
  language in their contracts in which vendors
• can certify that they do not meet the 100,000
  limit (or that they do, but have properly
• completed and attached a DMA form).
• Exemption financial institutions, contracts
  between intergovernmental agencies,
• groups providing non-elective healthcare
  services.

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DMA Forms
Government Contracting Precertification (RC
2909.32(A))

• Precertification Prior to entering into a
  contract to conduct business with or receive
  funding from a governmental entity, a private
  entity may precertify by completing a DMA form
  with all No answers that it has not provided
  material assistance to an organization on the
  TEL.
• Application must be made electronically through
  the Office of Budget and Management (OBM).
• Precertifications expire June 30 of the second
  year of each biennium.
• Precertified entities do not have to complete any
  further DMA forms throughout the biennium.
• OBM is the repository for all precertifications
  and shall maintain a centralized database of all
  DMA forms received.
• If an entity discloses the provision of material
  assistance, OBM shall, within 3 business days,
  send the declarant a written prohibition against
  doing business or receiving funding. The notice
  shall include information regarding the right to
  a review by ODPS.

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DMA Forms
Answering the DMA

• An answer of Yes to any question or a failure
  to answer No will result in the following
• License Holders Denial of application
• Public Employment Denial of employment
• Government Contract Refusal to conduct
  business/provide funding

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DMA Forms
Appeal Process

• Governmental entities are required to provide
  written notice to anyone denied licensure,
  business or funding, or employment due to an
  answer on the DMA form.
• Notices must be sent within 3 business days of
  the decision to deny and must inform the
  applicant of the right to have ODPS review the
  denial if the applicant requests a review within
  60 days.
• ODPS will analyze the decision to deny based on
  three issues and make a determination within 30
  days.
• Depending on its analysis, ODPS may
• 1. Reinstate the license application
• 2. Void the denial of employment
• 3. Order that the prohibitions against
  contracting with the private entity do
• not apply

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DMA Forms
Penalties
Providing false information on a DMA is an F5
Revocation of license, termination of employment,
loss of contract and permanently banned from
further contracts with government entity
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Frequently Asked Questions
Q How long must DMA forms be retained by an
entity? A The statute does not specify a time
period. Therefore, it would be up to the
entitys record retention schedule

Q Are utility companies required to sign a
form? A Yes. The law does not specifically
exempt utility companies from completing a DMA
form.
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Frequently Asked Questions
Q Are adjunct part-time faculty, work-study
students, or any other part-time position exempt
from completing a DMA form? A The statute does
not distinguish full-time versus part-time.
Therefore, it would seem to apply to all types of
employment.
Q Are incoming professors at all of
Ohios universities subject to the
declaration? A Yes. There is no special
exemption given to professors of state schools.
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Frequently Asked Questions

• Q What is the definition of political
  subdivision as used in R.C. Sections 2909.32
  34?
• A R.C. 2909.01(D) states that political
  subdivision has the same meaning as in R.C.
  2744.01, which defines the term as consisting of
  a large group of entities, including, in part
• municipal corporations
• townships
• counties
• school districts
• other bodies corporate and politic
  responsible
• for governmental activities in a geographic area
  
• smaller than that of the state

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Frequently Asked Questions
Q Are there categories of employment that are
exempt from the disclosure requirement? A At
this time, no specific employment categories have
been exempted.
Q Are subcontractors who are not directly
contracting with the governmental entity required
to complete a DMA form? A The law does not
specify, but it does not appear to apply to
subcontractors.
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Frequently Asked Questions
Q Can DMA forms be faxed, scanned, or
emailed? A This is up to each agency. ODPS
examines whether it can accept a scanned or faxed
application if so, then the DMA usually can be,
too. ODPS only accepts emailed signatures if the
entity has met the requirements for electronic
signature per R.C. 1306.20 and Ohio Admin. Code
1233-1-01
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Questions?