EXHIBIT 9 - GENERAL CERTIFICATIONS.pdf
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- Solicitation number
- OP143876
- Issued by
- California
About this file
This document is Exhibit 9 - General Certifications for a Los Angeles County Metropolitan Transportation Authority (LACMTA) contract opportunity. The exhibit requires bidders and proposers, along with first-tier subcontractors proposing over $100,000, to certify compliance with five key regulatory areas: nondiscrimination in employment practices consistent with California's Fair Employment and Housing Act; maintenance of Affirmative Action Programs as required under Federal Executive Order 11246 for subcontracts exceeding $10,000; non-involvement in investment activities in Iran for contracts valued at $1,000,000 or more; prohibition on fraudulent use of Disadvantaged Business Enterprise (DBE) fronts and pass-through arrangements; and compliance with California Labor Code whistleblower protection provisions. Each certification requires a yes or no response, with any negative responses requiring full written explanation.
Bidders must declare under penalty of perjury that their certifications are true and correct. The document emphasizes that fraudulent use of DBEs to meet contract goals may constitute a criminal violation. LACMTA provides multiple reporting channels for fraud, waste, abuse, or mismanagement, including the Small Business Diversity and Labor Compliance Office at (213) 922-6000, the Inspector General Office at (213) 344-7300, a toll-free hotline at (800) 221-1142, and the U.S. Department of Transportation Office of Inspector General at (800) 424-9071. The certification form requires the authorized official's signature, title, company name, and execution date and location.
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Text version
BIDDER/PROPOSER: ______________________
EXHIBIT 9 - 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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