EXHIBIT 10 - GENERAL CERTIFICATIONS.pdf
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- Solicitation number
- AE141998
- Issued by
- California
About this file
Summary
This is an Exhibit 10 General Certifications form for LACMTA (Los Angeles County Metropolitan Transportation Authority) contracts. The document establishes mandatory certification requirements that bidders and proposers, along with first-tier subcontractors proposing over $100,000, must complete by responding "Yes" or "No" to five key compliance areas. The certifications address nondiscrimination in employment practices regarding race, sex, color, religion, ancestry, national origin, marital status, age over 40, and disability status; affirmative action program maintenance for contractors and subcontractors exceeding $10,000; Iran investment activity restrictions for contracts valued at $1,000,000 or more under California Public Contract Code Section 2203; prohibition against fraudulent use of Disadvantaged Business Enterprise (DBE) fronts as defined in LACMTA's Contract Compliance Manual; and compliance with California Labor Code Section 1102.5 whistleblower requirements. Any "No" responses require full written explanation.
The form requires authorized company officials to execute the certifications under penalty of perjury under California law, with the declaration including the date, city, and state of execution. The document emphasizes that fraudulent use of DBE fronts or pass-through subcontracts may constitute criminal violations. Bidders are directed to report any suspected fraud, waste, abuse, or mismanagement to the LACMTA Small Business Diversity and Labor Compliance Office, LACMTA Inspector General Office, or the U.S. Department of Transportation Office of Inspector General through multiple reporting channels, including telephone hotlines and a San Francisco field office address.
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Text version
BIDDER/PROPOSER: ______________________
EXHIBIT 10 - GENERAL CERTIFICATIONS
The Bidder/Proposer and first-tier subcontractors proposing over one hundred thousand dollars ($100,000) shall respond either "Yes" or "No" to each of the following where indicated. If the Bidder/Proposer's response is "No", a full explanation shall be provided in the space following the last item.
1.0 CERTIFICATE OF NONDISCRIMINATION Yes No
The Bidder/Proposer hereby certifies: that it does not unlawfully discriminate against any employee or applicant for employment with regard to race, sex, color, religion, ancestry, national origin, marital status, age (over 40), or disability (including AIDS, and cancer-related medical condition); that it is in compliance with all applicable Federal, state, and local directives and executive orders regarding nondiscrimination in employment; and that it agrees to pursue positively and aggressively the principle of equal opportunity in employment. The Bidder/Proposer and its Subcontractors shall comply with the provisions of the Fair Employment and Housing Act Gov. Code § 12900 and the applicable regulations promulgated thereunder. The Bidder/Proposer agrees specifically to adhere to the following:
A. Establish and observe employment policies that actively promote opportunities for minority persons and women at all job levels.
B. Communicate this policy to all company employees, outside recruiting services, especially those serving minority communities and women, and minority communities and women at large.
C. State in all solicitations or advertisements for employees that the Bidder/Proposer will consider all qualified applicants for employment without regard to race, sex, color, religion, ancestry, national origin, marital status, age (over 40), or disability (including AIDS, and cancer-related medical condition).
2.0 AFFIRMATIVE ACTION Yes No
The Bidder/Proposer certifies that it and those Subcontractors with subcontracts in excess of ten thousand dollars ($10,000) are maintaining Affirmative Action Programs consistent with those required under Federal Executive Order 11246. The detailed requirements are set forth in the Contract Compliance Manual.
3.0 IRAN INVESTMENT ACTIVITIES Yes No
If this Contract is one for goods or services of $1,000,000 or more, the Bidder/Proposer certifies that it is not identified on a list created pursuant to subdivision (b) of Section 2203 of the Public Contract Code as a person engaging in investment activities in Iran described in subdivision (a) of Section 2202.5 of the Public Contract Code, or as a person described in subdivision (b) of Section 2202.5 of the Public Contract Code, as applicable.
4.0 FRAUDULENT USE OF DBE FRONTS Yes No
Only certified Disadvantaged Business Enterprises are eligible to participate in LACMTA contracts as DBEs. The Bidder/Proposer certifies that it has not knowingly and willfully
BIDDER/PROPOSER: ______________________
used “fronts” as defined in section 100.6 of LACMTA’s Contract Compliance Manual (Federal) to meet the DBE goal established for this contract. The use of “fronts” and “pass through” Subcontracts to non-disadvantaged firms may constitute a criminal violation1.
5.0 WHISTLEBLOWER REQUIREMENTS Yes No
The Bidder/Proposer certifies that it will comply with, and take no action, or adopt any rule, regulation or policy which is contrary to, the provisions set forth in California Labor Code § 1102.5.
A full explanation of all "No" answers shall be provided below:
Bidder/Proposer hereby declares under the penalty of perjury under the laws of the State of California that the certifications made above in No. 1-4 are true and correct.
Executed on , 20 , at , (Date) (City) (State)
Company Name Signature of Authorized Official Title
1 Any indication of fraud, waste, abuse, or mismanagement of these funds should be immediately reported to the LACMTA Small Business Diversity and Labor Compliance Office, at (213) 922-6000; the LACMTA Inspector General Office at (213) 344-7300 or the toll free hotline number (800) 221-1142; or to the Office of Inspector General, U.S. Department of Transportation at the toll-free hotline number (800) 424-9071; or to the following field office: 201 Mission Street, Suite 2210; San Francisco, CA 94105-1926;
(415) 744-3133.
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