EXHIBIT 9 - GENERAL CERTIFICATIONS.pdf

PDF 144 KB Posted

Attached to
Walk Behind Auto-Scrubbers for Bus and Rail Operation
Solicitation number
OP145870
Issued by
California

About this file

This is an Exhibit 9 General Certifications form for the Los Angeles County Metropolitan Transportation Authority (LACMTA) used for bidders and proposers on state and local contracts. The document requires bidders and first-tier subcontractors proposing over one hundred thousand dollars ($100,000) to certify compliance with four key requirements by responding "Yes" or "No" to each item. The certifications address nondiscrimination in employment practices in compliance with the Fair Employment and Housing Act (California Government Code § 12900), Iran investment activities restrictions for contracts valued at $1,000,000 or more under Public Contract Code § 2203, prohibition on fraudulent use of Disadvantaged Business Enterprise (DBE) fronts, and compliance with whistleblower protections under California Labor Code § 1102.5. Any "No" responses require full written explanation.

The form requires execution by an authorized company official under penalty of perjury, with the signatory providing the date, city, state, company name, and title. Bidders must understand that fraudulent use of DBE fronts or pass-through subcontracts may constitute criminal violations, and any suspected fraud, waste, abuse, or mismanagement should be reported to LACMTA's Small Business Diversity and Labor Compliance Office, the LACMTA Inspector General Office, or the U.S. Department of Transportation Office of Inspector General through designated hotline numbers and field offices.

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Text version

______________________ BIDDER/PROPOSER:

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. 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 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.

3.0 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 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.

4.0 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.

______________________ BIDDER/PROPOSER:

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.

1.0 CERTIFICATE OF NONDISCRIMINATION Yes No
2.0 IRAN INVESTMENT ACTIVITIES Yes No
3.0 FRAUDULENT USE OF DBE FRONTS Yes No
4.0 WHISTLEBLOWER REQUIREMENTS Yes No
CERTIFICATE OF NONDISCRIMINATION: Off
IRAN INVESTMENT ACTIVITIES: Off
FRAUDULENT USE OF DBE FRONTS: Off
WHISTLEBLOWER REQUIREMENTS: Off
A full explanation of all No answers shall be provided below:
Date:
20:
City:
State:
Company Name:
Title:
BIDDERPROPOSER:

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