6-SUB-Contractor Affidavit and Agreement Form .docx

CLAYTON COUNTY WATER AUTHORITY

1600 Battle Creek Road | Morrow, Georgia 30260

Phone: (770) 960-5880 | Web Site: www.ccwa.us

SUB-CONTRACTOR AFFIDAVIT AND AGREEMENT FORM

SECTION A – Project Information / Sub-Contractor’s Employee Status / General Attestations

Name of Project

☐ Sub-Contractor has no employees

The undersigned Sub-Contractor (“Sub-Contractor”) executes this Affidavit and Agreement Form (“Affidavit”) to comply with O.C.G.A § 13-10-91 related to any contract to which Sub-Contractor is a party with Clayton County Water Authority that is subject to O.C.G.A. § 13-10-91 and hereby verifies its compliance with O.C.G.A. § 13-10-91, attesting as follows:

a) The Sub-Contractor acknowledges and agrees that Sub-Contractor will contract for the performance of services in satisfaction of the Project only with other subcontractors who present an affidavit to the Sub-Contractor with the information required by O.C.G.A. § 13-10-91. Sub-Contractor agrees to maintain such affidavits for inspection upon request of Clayton County Water Authority.

b) The Sub-Contractor acknowledges and agrees that this Affidavit is incorporated into any contract or purchase order for the Project and shall survive any renewal or extension thereof.

SECTION B – Sub-Contractor With Employees (E-Verify Required) (Complete Only If Applicable) By completing the information in this Section, the Sub-Contractor further attests as follows:

a) The Sub-Contractor has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program;

b) The Sub-Contractor will continue to use the federal work authorization program throughout the contract period, including any renewal or extension thereof;

c) The Sub-Contractor will notify the public employer in the event the Sub-Contractor ceases to utilize the federal work authorization program during the contract period, including renewals or extensions thereof;

d) The Sub-Contractor understands that ceasing to utilize the federal work authorization program constitutes a material breach of Contract;

*Enter Identification Number as Checked Above

*Date of Authorization/Issuance

*Legal Name of Sub-Contractor

*Name of Project

*Street Address, City, State, Zip Code

*Required Entries

SECTION C – Sub-Contractor With No Employees (Complete Only If Applicable)

SECTION D – Execution (Completion Required by All) I hereby declare under penalty of perjury that the foregoing is true, correct, and complete. I understand and acknowledge that knowingly and willfully making a false, fictitious, or fraudulent statement or representation in this Affidavit constitutes a violation of O.C.G.A. § 16-10-20 and may subject the Sub-Contractor to criminal prosecution, termination of any Contract or Purchase Order, or both.

Signature of Authorized Officer or Agent

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME

NOTARY PUBLIC

My Commission Expires

GUIDELINES & GENERAL INFORMATION

SUB-CONTRACTOR AFFIDAVIT AND AGREEMENT FORM

The following guidance is provided for informational purposes only and does not supersede, modify, or constitute a legal interpretation of Official Code of Georgia Annotated (O.C.G.A.) § 13-10-91. Sub-Contractors remain solely responsible for ensuring compliance with applicable law when completing the Affidavit and Agreement Form. In the event of any conflict between this guidance and the statute, the statute shall control.

Pursuant to O.C.G.A. § 13-10-91(b), a public employer (Clayton County Water Authority) shall not enter into a contract for the physical “performance of services” unless the Sub-Contractor is registered with and participates in the federal work authorization program (E-Verify). Before any Solicitation, Purchase Order or Contract for such services is considered, the Sub-Contractor must submit a signed and notarized affidavit. NOTE: A Purchase Order (PO) is considered a contract pursuant to O.C.G.A. § 13-10-91.

TOPIC 1: APPLICABILITY

These requirements apply to any contract or purchase order involving the physical performance of services exceeding $2,499.99.

“Physical performance of services” means any performance of labor or services for a public employer using a bidding process or by contract or purchase order and includes, but is not limited to:

· Routine operation, repair, and maintenance of facilities or office space;

· Services necessary for normal business operations (e.g., IT support, janitorial services, equipment repair); and

· Professional and consulting services.

TOPIC 2: SUB-CONTRACTOR AFFIDAVIT REQUIREMENT

· Sub-Contractors must submit a signed and notarized Sub-Contractor Affidavit and Agreement Form (“Affidavit”) confirming registration and participation in the federal work authorization program before contract award or purchase order issuance.

· If a Sub-Contractor enters into multiple contracts with the public employer within a calendar year, a separate affidavit is required for each Contract and/or Purchase Order.

TOPIC 3: SUBCONTRACTORS

If the contractor intends to use subcontractors, the contractor is responsible for obtaining a signed and notarized affidavit from each subcontractor and ensuring compliance with O.C.G.A. § 13-10-91.

TOPIC 4: STATEWIDE CONTRACT VENDORS

· If the vendor is on a statewide contract, E-Verify information may be obtained from the supplier records maintained by the Georgia Department of Administrative Services (DOAS).

· In such cases, a separate affidavit is not required.

TOPIC 5: GENERAL COMPLIANCE GUIDANCE

· Public employers and subcontractors are encouraged to err on the side of caution.

· If there is uncertainty as to whether an affidavit is required, requesting one is acceptable and recommended to ensure compliance.

TOPIC 6: EXEMPTIONS

Sub-Contractors With No Employees

· Sub-Contractors with no employees are not eligible to obtain an E-Verify number.

· In lieu of an affidavit, the Clayton County Water Authority must document the Sub-Contractor’s authorization to be in the United States by verifying acceptable identification, such as:

· A state-issued driver’s license from a state that verifies immigration status through its licensing or renewal process; or

· Other acceptable identification, including a U.S. passport or military ID.

Foreign Companies

· Foreign companies that do not have an E-Verify number are not required to submit information related to Title 13 of the O.C.G.A.

· If the foreign company or its personnel will enter the United States, the public employer must verify that the required authorization to enter the U.S. has been obtained.

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