Declaration_of_Elibility_to_Contract_(not_debarred).pdf
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- Solicitation number
- 2024-RFP-0493
- Issued by
- Los Angeles County, California
About this file
This is a Declaration of Eligibility to Contract form required by the City of Pasadena, California for a Construction Manager at Risk (CMAR) project involving the construction of a Transit Operations Maintenance Facility. The declaration certifies that the contractor and all intended subcontractors are not debarred or ineligible to perform work on public works projects under California Labor Code Sections 1777.1 and 1777.7 or California Public Contract Code Section 6109. The contractor must investigate and verify the eligibility of each subcontractor prior to submission and declare under penalty of perjury that none are ineligible to perform work on the public works project.
The contractor is responsible for ensuring compliance with state labor code provisions that prohibit debarred contractors and subcontractors from bidding on, being awarded, or performing work on public works projects. Any contract entered into with a debarred subcontractor is void as a matter of law, and debarred subcontractors cannot receive public funds. The contractor must return any public money paid to a debarred subcontractor to the awarding body and remains responsible for paying wages to workers of any debarred subcontractor permitted to work on the project.
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Text version
DECLARATION OF ELIGIBILITY TO CONTRACT
[Labor Code Section 1777.1; Public Contract Code Section 6109]
The undersigned, a duly authorized representative of Contractor, certifies and declares that:
The undersigned contractor is aware of Sections 1777.1 and 1777.7 of the California Labor Code, which prohibit a contractor or subcontractor who has been found by the Labor Commissioner or the Director of Industrial Relations to be in violation of certain provisions of the Labor Code, from bidding on, being awarded, or performing work as a subcontractor on a public works project for specified periods of time.
The undersigned Contractor is not ineligible to bid on, be awarded or perform work as a subcontractor on a public works project by virtue of the foregoing provisions of Sections 1777.1 or 1777.7 of the California Labor code or any other provision of law.
The undersigned contractor is aware of California Public Contract Code Section 6109, which states:
A public entity, as defined in Section 1100 [of the Public Contract Code], may not permit a contractor or subcontractor who is eligible to bid or work on, or be awarded, a public works project pursuant to Section
1777.1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a subcontractor on, a public works project. Every public works project shall contain a provision prohibiting a contractor from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code.
Any contractor on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the awarding body. The contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work the project.”
The undersigned contractor has investigated the eligibility of each and every subcontractor the undersigned contractor intends to use on this public works project, and determined that none of them is ineligible to perform work as a subcontractor on a public works project by virtue of the foregoing provisions of the Public Contract Code, Sections 1777.1 or 1777.7 of the Labor Code, or any other provision of law.
The undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this _____ day of ___________, _______ at _____________________________________, California.
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