Contractor Responsibility (2024).pdf
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- Attached to
- Roofing Systems Maintenance
- Solicitation number
- 6100065877
- Issued by
- York County, Pennsylvania
About this file
This is a Contractor Responsibility document issued by the Commonwealth of Pennsylvania in February 2024, establishing regulatory requirements and standards for contractors engaging in state contracts, grants, leases, and purchase agreements. The document defines "Contractor" broadly to include bidders, offerors, grantees, lessors, permitees, licensees, and various public entities within the Commonwealth. Contractors are required to represent that neither they nor their disclosed subcontractors are under suspension or debarment by the Commonwealth or any governmental entity as of the contract execution date. Additionally, contractors must certify that they have no outstanding tax liabilities or other Commonwealth obligations, or have filed timely administrative or judicial appeals if such liabilities exist, or are subject to an approved deferred payment plan.
Contractors are obligated to notify the Commonwealth within 15 days if they become delinquent in tax payments, other Commonwealth obligations, or if they or their subcontractors are suspended or debarred by any governmental entity. Failure to provide such notification constitutes an event of default. The Commonwealth reserves the right to require contractors to reimburse reasonable investigative costs incurred by the Office of State Inspector General for investigations resulting in contractor suspension or debarment, including investigator salaries, overtime, travel expenses, and expert witness fees. Contractors can access the current list of suspended and debarred Commonwealth contractors through the eMarketplace website.
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Contractor Responsibility (February 2024)
a. Defini�ons. For the purpose of these provisions, the term “Contractor” means as any person, including, but not limited to, a bidder, offeror, loan recipient, grantee or lessor, who has furnished or performed or seeks to furnish or perform, goods, supplies, services, leased space, construc�on or other ac�vity, under a contract, grant, lease, purchase order or reimbursement agreement with the Commonwealth. The term also includes a permitee, licensee, or any agency, poli�cal subdivision, instrumentality, public authority, or other public en�ty in the Commonwealth.
b. Contractor Representa�ons.
i. The Contractor represents for itself and its subcontractors required to be disclosed or approved by the Commonwealth, that as of the date of its execu�on of this contract, that neither the Contractor, nor any such subcontractors, are under suspension or debarment by the Commonwealth or any governmental en�ty, instrumentality, or authority and, if the Contractor cannot make this representa�on, the Contractor shall submit, along with its contract, a writen explana�on of why such cer�fica�on cannot be made.
ii. The Contractor represents that as of the date of its execu�on of this contract it has no tax liabili�es or other Commonwealth obliga�ons, or has filed a �mely administra�ve or judicial appeal if such liabili�es or obliga�ons exist, or is subject to a duly approved deferred payment plan if such liabili�es exist.
c. No�fica�on. The Contractor shall no�fy the Commonwealth if, at any �me during the term of this contract, it becomes delinquent in the payment of taxes, or other Commonwealth obliga�ons, or if it or, to the best of its knowledge, any of its subcontractors are suspended or debarred by the Commonwealth, the federal government, or any other state or governmental en�ty. The Contractor shall provide this no�fica�on within 15 days of the date of suspension or debarment.
d. Default. The Contractor’s failure to no�fy the Commonwealth of its suspension or debarment by the Commonwealth, any other state, or the federal government cons�tutes an event of default of the contract with the Commonwealth.
e. Reimbursement. The Contractor shall reimburse the Commonwealth for the reasonable costs of inves�ga�on incurred by the Office of State Inspector General for inves�ga�ons of the Contractor's compliance with the terms of this contract or any other agreement between the Contractor and the Commonwealth that results in the suspension or debarment of the Contractor. These costs include, but are not limited to, salaries of inves�gators, including over�me; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for inves�ga�ve costs for inves�ga�ons that do not result in the Contractor's suspension or debarment.
f. Suspension and Debarment List. The Contractor may obtain a current list of suspended and debarred Commonwealth contractors by visi�ng the eMarketplace website at htp://www.emarketplace.state.pa.us and clicking the Debarment list tab.
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