12-EXHIBIT J SC Illegal Reform Act.pdf

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Attached to
Historic Mitchelville Freedom Park Loop Road and Parking Area
Solicitation number
2026-11
Issued by
Beaufort County, South Carolina

About this file

This is an exhibit to an Invitation for Bid (IFB 2026-11) issued by the Town of Hilton Head Island, South Carolina, establishing compliance requirements related to the South Carolina Illegal Immigration Reform Act. The exhibit applies to all contractors and subcontractors bidding on construction and non-construction projects for the Town. Contractors must certify compliance with Title 8, Chapter 14 of the South Carolina Code of Laws and agree to provide documentation upon request to demonstrate either that the statute is inapplicable to their operations or that they maintain full compliance. All contractors are required to register and participate in the federal E-Verify program to confirm employment authorization for all new employees and must contractually obligate subcontractors and sub-subcontractors to do the same. The exhibit includes an affidavit form that contractors must sign, acknowledging their understanding of and commitment to compliance throughout the contract term.

The document contains criminal penalties provisions, warning that any person who knowingly files false, fictitious, or fraudulent documentation pursuant to the immigration reform act is guilty of a felony subject to fines at the court's discretion or imprisonment for up to five years, or both. Contractors are responsible for cascading compliance requirements through their entire supply chain, ensuring that subcontractors and sub-subcontractors include identical compliance language in their respective agreements. The affidavit requires contractors to identify their organization, provide a signature from an authorized representative, and include the date of certification. No pricing, set-asides, or other commercial terms are addressed in this compliance exhibit.

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EXHIBIT J

IFB 2026-11

Construction

By signing its bid or proposal, Contractor certifies that it will comply with the applicable requirements of Title 8, Chapter 14 of the South Carolina Code of Laws and agrees to provide to the Town of Hilton Head Island upon request any documentation required to establish either: (a) that Title 8, Chapter 14 is inapplicable both to Contractor and its subcontractors or sub-subcontractors; or (b) that Contractor and its subcontractors or sub-subcontractors are in compliance with Title 8, Chapter 14. Pursuant to Section 8-14-60, "A person who knowingly makes or files any false, fictitious, or fraudulent document, statement, or report pursuant to this chapter is guilty of a felony, and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both." Contractor agrees to include in any contracts with its subcontractors language requiring its subcontractors to (a) comply with the applicable requirements of Title 8, Chapter 14, and (b) include in their contracts with the sub-subcontractors language requiring the sub-subcontractors to comply with the applicable requirements of Title 8, Chapter 14.

Non-Construction

By signing your offer, you certify that you will comply with the applicable requirements of Title 8, Chapter 14 of the South Carolina Code of Laws and agree to provide to the Town of Hilton Head Island upon request any documentation required to establish either: (a) that Title 8, Chapter 14 is inapplicable to you and your subcontractors or sub-subcontractors; or (b) that you and your subcontractors or sub-subcontractors are in compliance with Title 8, Chapter 14. Pursuant to Section 8-14-60, "A person who knowingly makes or files any false, fictitious, or fraudulent document, statement, or report pursuant to this chapter is guilty of a felony, and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both." You agree to include in any contracts with your subcontractors language requiring your subcontractors to (a) comply with the applicable requirements of Title 8, Chapter 14, and (b) include in their contracts with the sub-subcontractors language requiring the sub-subcontractors to comply with the applicable requirements of Title 8, Chapter 14.

EXHIBIT J

IFB 2026-11

CONTRACTOR AFFIDAVIT

SOUTH CAROLINA ILLEGAL IMMIGRATION REFORM ACT

In accordance with the requirements of the South Carolina Illegal Immigration Reform Act, ("Contractor") hereby certifies that it is currently in compliance with the requirements of Title 8, Chapter 14 of the South Carolina Code Annotated and will remain in compliance with such requirements throughout the term of its contract with the Town of Hilton Head Island, South Carolina

The Contractor hereby acknowledges that in order to comply with requirements of S. C. Code Annotated Section 8-14-20(B), it will register and participate in the federal work authorization program (E-verify) to verify the employment authorization of all new employees; and require agreement from its subcontractors, and through the subcontractors, the sub-subcontractors, to register and participate in the federal verification employment authorization of all new employees.

The Contractor agrees to provide to the Town of Hilton Head Island upon request any documentation required to establish the applicability of the South Carolina Illegal Immigration Reform Act to the contractor, subcontractor or sub-subcontractor. The Contractor further agrees that it will, upon request, provide the Town of Hilton Head Island with any documentation required to establish that the contractor and any subcontractors or sub-subcontractors are in compliance with the requirements of Title 8, Chapter 14 of the S. C. Code Annotated.

Date: By:

Name:

Title:

EXHIBIT J
EXHIBIT J

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