21-Administrative Requirements Information.pdf

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Administrative Requirements

Forms and explanatory documents for each of the following administrative requirements are identified below and are included in the respective sections of this package. Also included, as the final section, is a checklist to assist with your proper completion of the required forms prior to bid/proposal submittal. This checklist should be used by Bidders/Proposer to prepare an Administrative Requirements Packet, which must include signed documents, and submitted with your bid/proposal. Please note that all documents must be signed by the duly authorized representative of the entity or sole proprietor. In the event of a Joint Venture (JV), officers authorized by each entity must sign and submit a separate set of the following documents:

• Vendor ID Form

• Affidavit of Non-Collusion

• Bidder Contributions CEC Form 55

• Contractor Responsibility Questionnaire and Pledge of Compliance

• Iran Contracting Compliance Affidavit

• Equal Benefits Ordinance Compliance Affidavit

• Municipal Lobbying Ordinance Bidder Certification CEC Form 50

The following administrative requirements may refer to the Los Angeles City Charter (LACC), Los Angeles Municipal Code (LAMC), or Los Angeles Administrative Code (LAAC).

For further information or assistance regarding all administrative requirements, contact:

Los Angeles World Airports Procurement Services Division P O Box 92216 Los Angeles, CA 90009-2216 Phone: (424) 646-5380 Fax: (424) 646-9262 E-mail: ProcurementRequirements@lawa.org Internet: https://www.lawa.org/en/lawa-businesses/lawa-administrative-requirements

1. VENDOR ID FORM

The Vendor ID form requires general information about a bidder/proposer’s business as well as the Seller’s Permit and the Business Tax Registration Certificate (BTRC) numbers, Payment Terms, Equal Employment Opportunity Officer contact information, and data on the firm’s City of Los Angeles contracts (if applicable).

• Seller’s Permit Number

The Seller’s Permit Number is required if the vendor is engaged in business in California;

intends to sell or lease tangible personal property that would ordinarily be subject to sales tax if sold at retail; will make sales for a temporary period, normally lasting no longer than 30 days at one or more locations. The enforcing agency for this requirement is the Board of Equalization, mailto:ProcurementRequirements@lawa.org https://www.lawa.org/en/lawa-businesses/lawa-administrative-requirements https://www.lawa.org/en/lawa-businesses/lawa-administrative-requirements http://www.boe.ca.gov/sutax/sutprograms.htm http://www.boe.ca.gov/sutax/sutprograms.htm the Sales and Use Tax Department. Additional information regarding this requirement can be found at http://www.cdtfa.ca.gov/services/permits-licenses.htm.

• Business Tax Registration Certificate

Pursuant to the LAMC, Chapter 2, Article 1, Section 21.03, persons engaged in any business or occupation within the City of Los Angeles are required to register and pay the required tax.

Businesses, including vendors, subject to this tax are issued a Business Tax Registration Certificate (BTRC) or a Vendor Registration Number (VRN).

Information regarding this requirement may be obtained at Office of Finance, Tax & Permit Division, 200 N. Spring St., Room 101, Los Angeles, CA 90012, Phone: (844) 663-4411, Web:

http://finance.lacity.org.

• Out-of-state Vendors The State of California requires the City of Los Angeles (City) to withhold income taxes from payments to out-of-state vendors for services performed within California unless the vendor submits one of the required forms. The tax withholding rate is seven percent (7%) of payments subject to withholding.

If you are out-of-state vendor, please return one of the following forms to help the City clarify your non-resident tax withholding status:

• Form 590, Withholding Exemption Certificate, certifying exemption from the withholding requirement.

• Form 587, Nonresident Income Allocation Worksheet, which allocates the expected income under the City contract for work completed within and outside of California

• Notice from the CA Franchise Tax Board (CAFTB) that a withholding waiver was authorized (you must first file CA Form 588, Nonresident Withholding Waiver Request to the CAFTB)

• Notice from CAFTB that a reduced withholding request was authorized (you must first file CA Form 589 Nonresident Reduced Withholding Request to CAFTB)

2. AFFIDAVIT OF NON-COLLUSION

Pursuant to the LAAC, Division 10, Chapter 1, Article 2, Section 10.15, each bid/proposal must include the attached affidavit of the Bidder/Proposer that the bid/proposal is genuine, and not a sham or collusive, or made in the interest or on behalf of any person, and that the Bidder/Proposer has not directly or indirectly induced or solicited any other Bidder/Proposer to submit a sham bid, or any other person, firms, or corporation to refrain from bidding, and that the Bidder/Proposer has not sought by collusion to secure for himself/herself an advantage over any other Bidder/Proposer.

Bidders/Proposers must complete, notarize, and submit the attached “Affidavit to Accompany Proposals or Bids” with the bid/proposal.

Failure to include an Affidavit with the bid/proposal will render the bid/proposal non-responsive and will result in its rejection.

http://www.cdtfa.ca.gov/services/permits-licenses.htm http://finance.lacity.org/

Attachment:

• Affidavit of Non-Collusion

3. BIDDER CONTRIBUTIONS CEC FORM 55 (CONTRACT BIDDER CAMPAIGN

CONTRIBUTION AND FUNDRAISING RESTRICTIONS)

Persons who submit a response to this Request for Bid/Proposal/Qualifications are subject to Charter section 470(c)(12) and related ordinances. As a result, bidders/proposers/respondents may not make campaign contributions to and or engage in fundraising for certain elected City officials or candidates for elected City office from the time they submit the response until either the contract is approved or, for successful bidders/proposers/respondents, 12 months after the contract is signed. The bidder's/proposer’s/respondents’ principals and subcontractors performing $100,000 or more in work on the contract, as well as the principals of those subcontractors, are also subject to the same limitations on campaign contributions and fundraising.

Bidders/Proposers/Respondents must submit CEC Form 55 (attached) to LAWA with their bid/proposal/Statement of Qualifications. The form requires bidders to identify their principals, their subcontractors performing $100,000 or more in work on the contract, and the principals of those subcontractors. Bidders/Proposers/Respondents must also notify their principals and subcontractors in writing of the restrictions and include the notice in contracts with subcontractors. Responses submitted without a completed CEC Form 55 shall be deemed non-responsive. Bidders/Proposers/Respondents who fail to comply with City law may be subject to penalties, termination of contract, and debarment.

Additional information regarding this requirement may be obtained at:

200 N. Spring Street City Hall, 24th Floor Los Angeles, California 90012

(213) 978-1960

(213) 978-1988 [Fax] ethics.commission@lacity.org Web: http://ethics.lacity.org

Attachments:

• Bidder Contributions CEC Form 55

• Los Angeles City Ethics Commission Special Bulletin, available at http://ethics.lacity.org/pdf/pressrelease/press_042511_New_Charter_Amend_Limits_Bidder_Bulletin.pdf

4. CONTRACTOR RESPONSIBILITY PROGRAM

Pursuant to Resolution No. 21601 adopted by the Board of Airport Commissioners, effective May 20, 2002, the Contractor Responsibility Program (CRP) is the policy of Los Angeles World Airports (LAWA) to ensure that all LAWA contractors have the necessary quality, fitness and capacity to perform the work set forth in the contract. LAWA shall award contracts only to entities and individuals it has determined to be Responsible Contractors. The provisions of this http://ethics.lacity.org/ http://ethics.lacity.org/pdf/pressrelease/press_042511_New_Charter_Amend_Limits_Bidder_Bulletin.pdf

Program apply to leases and contracts for construction, for services, and for purchases of goods and products that require Board approval.

Bidders/Proposers are required to complete and submit with the bid/proposal the attached “Contractor Responsibility Program Questionnaire” that provides information LAWA needs to determine if the Bidder/Proposer is responsible and has the capability to perform the contract.

The information contained in the CRP Questionnaire is subject to public review for a period of not less than 14 days. Bidders/Proposers are also required to complete, sign and submit with the bid/proposal the attached “Contractor Responsibility Program Pledge of Compliance.”

Bidders/Proposers are also required to respond within the specified time to LAWA’s request for information and documentation needed to support a Contractor Responsibility determination.

Subcontractors will be required to submit the Pledge to the prime contractor prior to commencing work.

For the list of Contractor Responsibility Program respondents, please visit our website www.lawa.org -> Contractor Responsibility Program -> Contractor Responsibility Program Questionnaire Respondents.

Attachments:

• Contractor Responsibility Program Questionnaire

• Contractor Responsibility Program Pledge of Compliance

5. IRAN CONTRACTING ACT OF 2010

Prior to bidding on, submitting a proposal or executing a contract or renewal for a City of Los Angeles contract for goods or services of $1,000,000 or more, a vendor must either: a) certify it is not on the current list of persons engaged in investment activities in Iran created by the California Department of General Services (“DGS”) pursuant to Public Contract Code section 2203(b) ( found at: http://www.documents.dgs.ca.gov/pd/poliproc/Iran%20Contracting%20Act%20List.pdf ) and is not a financial institution extending $20,000,000 or more in credit to another person, for 45 days or more, if that person will use the credit to provide goods or services in the energy sector in Iran and is identified on the current list of persons engaged in investment activities in Iran created by DGS; or b) demonstrate it has been exempted from the certification requirement for that solicitation or contract pursuant to Public Contract Code section 2203(c) or (d).

• Iran Contracting Act of 2010 Compliance Affidavit

6. EQUAL BENEFITS ORDINANCE

Any contract awarded pursuant to this procurement process shall be subject to the applicable provisions of the Los Angeles Administrative Code Section 10.8.2.1, Equal Benefits Ordinance (EBO). The EBO requires City contractors who provide benefits to employees with spouses provide the same benefits to employees with domestic partners. Domestic partners are defined as two adults living together, jointly responsible for living expenses, committed to an intimate and caring relationship and registered as domestic partners with a governmental entity.

http://www.lawa.org/ http://www.documents.dgs.ca.gov/pd/poliproc/Iran%20Contracting%20Act%20List.pdf

Bidder/Proposer/Lessees must submit the Equal Benefits Ordinance Compliance Affidavit (2 pages) with Bid/Proposal/Lease.

The Equal Benefits Ordinance Compliance Affidavit shall be valid for a period of twelve months.

Bidders/Proposers/Lessees do not need to submit supporting documentation with their bids or proposals or leases. However, the City may request supporting documentation to verify that the benefits are provided equally as specified on the Equal Benefits Ordinance Compliance Affidavit.

Bidders/Proposers/Lessees seeking additional information regarding the requirements of the Equal Benefits Ordinance may visit the Bureau of Contract Administration’s web site at http://bca.lacity.org or call Procurement Services at (424) 646-5380.

• EBO Compliance Affidavit

7. INSURANCE

Pursuant to LAAC, Division 11, Chapter 2, Article 2, Section 11.47 and the Risk Management Policy (Council File #79-3194-S1) adopted by Los Angeles City Council on March 1, 1991, the City of Los Angeles is to be protected to the maximum extent feasible, against loss or losses which would significantly affect personnel, property, finances, or the ability of the City to continue to fulfill its responsibilities to taxpayers and the public. Consequently, prior to the commencement of this contract, the selected Bidder/Proposer must provide evidence of insurance that conforms to the insurance requirements of the bid/proposal. Insurance requirements which specifically outline the types and amounts of coverage required for this project are explained in detail in the attached language and “Insurance Requirement Sheet”.

Successful Bidder/Proposer must provide acceptable evidence of insurance as explained in the attachments prior to the commencement of the contract. Said acceptable evidence of insurance must remain current throughout the term of the contract and be on file with the Insurance Compliance Unit in order to receive payment under any contract with the City of Los Angeles.

Attachments:

• Insurance Requirement Sheet

• Insurance Language

• General Insurance Provisions

Additional information is available at www.lawa.org -> Administrative Requirements -> Insurance.

8. MUNICIPAL LOBBYING ORDINANCE

The City's Municipal Lobbying Ordinance, Los Angeles Municipal Code, Section 48.09 requires certain individuals and entities to register with the City Ethics Commission and requires public disclosure of certain lobbying activities, including money received and spent. Additionally, for all construction contracts, public leases, or licenses of any value and duration; goods or service contracts with a value greater than $25,000 and a term of at least three months, each http://bca.lacity.org/ bidder/proposer must submit with its bid a certification, on a form (CEC Form 50) proscribed by the City Ethics Commission, that the bidder acknowledges and agrees to comply with the disclosure requirements and prohibitions established in the Los Angeles Municipal Lobbying Ordinance, if the bidder qualifies as a lobbying entity.

Failure to submit the Bidder Certification CEC Form 50 with the bid/proposal will render the bid/proposal non-responsive.

Additional information regarding this requirement may be obtained at:

200 N. Spring Street City Hall, 24th Floor Los Angeles, California 90012

(213) 978-1960

(213) 978-1988 [Fax] ethics.commission@lacity.org Web: http://ethics.lacity.org

Attachments:

• Municipal Lobbying Ordinance, available at http://www.lawa.org/welcome_LAWA.aspx?id=586

• Bidder Certification CEC Form 50, available at http://www.lawa.org/welcome_LAWA.aspx?id=586

9. SMALL BUSINESS ENTERPRISE PROGRAM

The Los Angeles World Airports (LAWA) is committed to creating an environment that provides all individuals and businesses open access to the business opportunities available at LAWA.

Pursuant to the provisions of Resolution No. 24820 of the Board of Airport Commissioners, LAWA’s Small Business Enterprise (SBE) Program was created to provide additional opportunities for small businesses to participate in construction, non-professional, professional, and personal services projects valued over $150,000.

The SBE Program is a results-oriented program, requiring firms that receive contracts from LAWA to utilize certified SBEs.

Based on the work to be performed, the mandatory SBE participation level for this project has been set at 25% SBE

Failure to meet this SBE participation level may disqualify bidding/proposing firms from being considered for award of the contract.

Primes shall be responsible for determining the SBE status of its subcontractors at the time of bid/proposal submission for purposes of meeting the mandatory SBE requirement. A subcontractor must qualify as an SBE based on the type of work it will be performing on the project. If the prime contractor is an SBE, the prime’s participation in the contract will count as

100% SBE.

Attachments:

• Frequently Asked SBE Questions

• Affidavit (SBE, LBE/LSBE) http://ethics.lacity.org/ http://www.lawa.org/welcome_LAWA.aspx?id=586

• Subcontractor Participation Plan

The following supplementary information is available at www.lawa.org:

• SBE Rules and Regulations

• SBE Certification Application and Information

10. MANDATORY LOCAL BUSINESS ENTERPRISE AND LOCAL SMALL BUSINESS

ENTERPRISE PROGRAM

Los Angeles World Airports (LAWA) is committed to creating an environment that provides all individuals and businesses open access to the business opportunities available at LAWA.

Pursuant to the provisions of Resolution No. 25948 of the Board of Airport Commissioners, LAWA’s Mandatory Local Business Enterprise and Local Small Business Enterprise (LBE/LSBE) Program was created to provide additional opportunities for local and local small businesses to participate in contracts for the procurement of goods, equipment and services, including design and construction, when the contract involves an expenditure in excess of $150,000.

The mandatory LBE/LSBE Program is designed as a subcontracting program. A Contractor (Prime) may not satisfy the Local Business requirement by virtue of its own status as a Local Business. A Prime shall satisfy the Local Business requirement only through the use of Local Subcontractors. A Prime may satisfy the Local Small Business requirement if the Prime itself is a Local Small Business. If a Prime is not a Local Small Business, it shall satisfy the Local Small Business requirement through the use of Local Small Business Subcontractors.

NOTE: A Local Small Business is a firm that is certified as an SBE and LBE. Please see the SBE, LBE, LSBE FAQs sheets in Bonfire for more information.

Based on the work to be performed, the mandatory LBE/LSBE participation level(s) for this project have been set at 10% LBE and 0% LSBE

Failure to meet the LBE/LSBE participation level(s) may disqualify bidding/proposing firms from being considered for award of the contract. Primes shall be responsible for determining the LBE/LSBE status of its subcontractors at the time of bid/proposal submission for purposes of meeting the mandatory LBE/LSBE requirement(s).

Attachments:

• Frequently Asked LBE/LSBE Questions

• Affidavit (SBE, LBE/LSBE, DVBE)

• Subcontractor Participation Plan

ADMINISTRATIVE REQUIREMENTS THAT DO NOT REQUIRE FORMS

The following administrative requirements are language only. Submit any questions you may have regarding these ordinances to the LAWA Procurement Services Division at ProcurementRequirements@lawa.org or at (424) 646-5380.

• Affirmative Action

• Alternative Fuel Vehicle Requirement Program

• Assignment of Anti-Trust Claims

• Child Support Obligations

• Federal Requirements – Title VI

• First Source Hiring

• Living Wage Ordinance mailto:ProcurementRequirements@lawa.org