IMMIGRATION AND SECURITY FORM

358 KB Posted

Attached to
Generator Services and Maintenance- Annual Contrac
Solicitation number
23-66
Issued by
Henry County, Georgia

About this file

This is a Georgia Security and Immigration Compliance Form required by the Jones County School System for suppliers bidding on state and local contracts. The form implements compliance requirements under the Georgia Security and Immigration Compliance Act (OCGA 13-10-90 et seq.) and the Immigration Reform and Control Act of 1986. Suppliers must complete applicable documentation based on their staffing structure: those with no employees must provide an Affidavit of No Employees along with a state-issued driver's license; those with employees must complete a Contractor Affidavit confirming registration with a federal work authorization program such as E-Verify; and those utilizing subcontractors must obtain Subcontractor Affidavits from all lower-tier contractors. All required affidavits must be notarized and submitted with the proposal. Suppliers have five business days from receipt to provide the Jones County School System with all affidavits of compliance.

The form requires suppliers to initial applicable statements confirming their compliance status. Suppliers must register with and use the federal E-Verify/Basic Pilot Program operated by U.S. Citizenship and Immigration Services to verify newly hired employees' work authorization. Contractors are prohibited from employing or contracting with subcontractors who are not registered with the federal work authorization program and who do not provide required affidavits. Suppliers must maintain records of subcontractor compliance and provide copies of all subcontractor affidavits to the school system within five business days of retaining the subcontractor. Foreign companies are exempt from affidavit requirements but must comply with all other applicable U.S. laws and visa requirements to perform services.

Text of this file

Determine how to comply with the GA Security & Immigration Act

The chart below may assist the supplier in determining whether these documents apply to your company for this particular project. If in doubt as to whether a document should be completed and submitted, it is recommended that the supplier submit the information.

Does supplier have employees or subcontractors? NO

Complete 2b on the next page, the Affidavit of No Employees and provide driver’s license as requested therein.

STOP

Y E S

Does supplier have employees or intend to hire employees to perform the work?

NO

Will supplier use subcontractors to perform the work?

Y E S

Y E S

Initial lines 2a, 5 and 3 or 4 of the next two pages. Complete the enclosed Contractor Affidavit.

Initial lines 2a, 5 and 4 of the next two pages. The enclosed

Contractor Affidavit and Subcontractor Affidavit are required.

STOP STOP

GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT, AS AMENDED BY

THE ILLEGAL IMMIGRATION REFORM ACT OF 2011, OCGA 13-10-90, ET AL.

TO ALL PROSPECTIVE SUPPLIERS:

If you are providing services as defined on the previous page, the applicable Georgia Security and Immigration Compliance documents found here must be completed, signed, notarized and submitted with your proposal.

1) The Jones County School System shall comply with the Georgia Security and Immigration Compliance Act, as amended, Act OCGA 13-10-90 et. seq.,

2) In order to insure compliance with the Immigration Reform and Control Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act, as amended by the Illegal Immigration Reform Act of 2011, OCGA 13-10-90 et.

seq., (collectively the “Act”) the Supplier (“Supplier”) MUST INITIAL the statement applicable to Supplier below:

(a) ________ (Initial here) Supplier warrants that, Supplier has registered at https://e-verify.uscis.gov/enroll/ to verify information of all new employees in order to comply with the Act; is authorized to use and uses the federal authorization program; will continue to use the authorization program throughout the contract period; Supplier further warrants and agrees Supplier shall execute and return any and all affidavits required by the Act and the rules and regulations issued by the Georgia Department of Labor as set forth at Rule 300-10-1-.01 et.seq; OR

(b) ______ (Initial here) Supplier represents and warrants that it has no employees and does not intend to hire employees to perform contractual services and thus has provided a U.S. state-issued driver’s license or ID card in lieu of an affidavit if, which license or ID card was issued by a State that verifies lawful immigration status before issuing the license of ID card. If my status changes I will, before hiring any employees, immediately notify the District in writing and provide all affidavits required. (Complete the Affidavit of No Employees); OR

(c) _____(Initial here) Supplier represents and warrants that it does not physically perform any service within the State of Georgia pursuant to O.C.G.A. 13-10-90 et al. and thus does not have to comply with the foregoing Georgia law.

3) ______ (Initial here) Supplier will not employ or contract with any subcontractor in connection with a covered contract unless the subcontractor is registered, authorized to use, and uses the federal work authorization program; and provides Supplier with all affidavits required by the Act and the rules and regulations issued by the Georgia Department of Labor as set forth at Rule 300-10-1-.01 et.seq.

4) ______ (Initial here) Supplier agrees that, if Supplier employs or contracts with any subcontractor in connection with the covered contract under the Act and DOL Rule 300-10-1-.02, that Supplier will secure from each subcontractor at the time of the contract the subcontractor’s name and address, the employee-number applicable to the subcontractor, the date the authorization to use the federal work authorization program was granted to subcontractor; the subcontractor’s attestation of the subcontractor’s compliance with the Act and Georgia Department of Labor Rule 300-10-1-.2.; and the subcontractor’s agreement not to contract with subcontractors unless the subcontractor is registered, authorized to use, and uses the federal work authorization program; and provides subcontractor with all affidavits required by the Act and the rules and regulations issued by the Georgia Department of Labor as set forth at Rule 300-10-1-.01 et. seq.

5) (Initial here) Supplier agrees to provide the Jones County School System with all affidavits of compliance as required by O.C.G.A. § 13-10-90 et seq. and Georgia Department of Labor Rule 300-10-1-.02, 300-10-1-.03, 300-10-1-.07 and 300-10-1-.08 within five (5) business days of receipt.

6) (Initial here) Supplier is a foreign company and therefore not required to provide the affidavit as required by O.C.G.A.

§ 13-10-90 et seq. Supplier must comply with any other laws required to perform services in the United States, including but not limited to having an appropriate visa.

https://e-verify.uscis.gov/enroll/

CONTRACTOR AFFIDAVIT AND AGREEMENT

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. 13-10-91, and attests under oath that:

(1) The individual, firm, or corporation (“Supplier”) which is contracting with the Jones County School District has registered with, is authorized to use, uses, and will continue throughout the contract term to use and participate in, a federal work authorization program [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10-91, as amended. As of the effective date of O.C.G.A. 13-10-91, the applicable federal work authorization program is the “EEV/Basic Pilot Program” operated by the U. S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Securi ty Administration (SSA).

(2) Supplier’s correct user identification number and date of authorization is set forth herein below.

(3) Supplier agrees that the Supplier will not employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with the Jones County School System, unless at the time of the contract said subcontractor:

(a) is registered with and participates in the federal work authorization program;

(b) provides Supplier with a duly executed, notarized affidavit with the same affirmations, agreements, and information as contained herein and in such form as required under applicable law; and

(c) agrees to provide Supplier with notice of receipt and a copy of every subcontractor Affidavit or other applicable verification procured by subcontractor at the time of contract with the subcontractor(s) within five (5) business days after receiving the said Affidavit or verification.

Supplier agrees to maintain records of such compliance and to provide notice of receipt and a copy of each such subcontractor Affidavit or other permissible verification to the Jones County School System at the time the subcontractor(s) is retained to perform such service or within five (5) days after receiving the said Affidavit or verification, whichever first occurs.

(4) Supplier further agrees to and shall provide Jones County School System with copies of all other affidavits or other applicable verification received by Supplier (i.e.: subcontractor affidavits and all other lower tiered affidavits) within five

(5) days of receipt.

EEV/Basic Pilot Program User Identification Number Date of Authorization

If an applicable Federal work authorization program as described above is used, other than the EEV/Basic Pilot Program, please identify the program.

Company Name / Supplier Name

BY: Signature of Authorized Officer or Agent Date

Title of Authorized Officer or Agent of Supplier

Printed Name of Authorized Officer or Agent

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF , 20

Notary Public My Commission Expires

SUBCONTRACTOR AFFIDAVIT

By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. 13-10-91, and attests under oath that:

(1) The undersigned individual, firm or corporation (“Subcontractor”) is engaged in the physical performance of services under a contract with ________________________ (name of contractor), which has a contract with the Jones County School System.

(2) Subcontractor has registered with, is authorized to use, uses, and will continue throughout the contract term to use and participate in, a federal work authorization program [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10-91. As of the effective date of O.C.G.A. 13-10-91, the applicable federal work authorization program is the “EEV/Basic Pilot Program” operated by the U. S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration

(SSA).

(3) Subcontractor’s correct user identification number and date of authorization is set forth herein below.

(4) Subcontractor agrees that the Subcontractor will not employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this subcontract or the contract with the Jones County School System, unless said subcontractor:

(a) is registered with and participates in the federal work authorization program;

(b) provides Subcontractor with a duly executed, notarized affidavit with the same affirmations, agreements, and information as contained herein and in such form as required under applicable law; and

(c) agrees to provide Subcontractor with notice of receipt and a copy of every subcontractor Affidavit or other permissible verification procured by subcontractor at the time the subcontractor(s) is retained to perform such service or within five (5) days after receiving the said Affidavit or verification, whichever first occurs.

Subcontractor agrees to maintain records of such compliance and to provide notice of receipt and a copy of each such subcontractor Affidavit or other applicable verification to the Supplier at the time the subcontractor(s) is retained to perform such service or within five (5) days after receiving the said Affidavit or verification, whichever first occurs.

EEV/Basic Pilot Program User Identification Number Date of Authorization

If an applicable Federal work authorization program as described above is used, other than the EEV/Basic Pilot Program, please identify the program.

Company Name / Sub-contractor Name

BY: Signature of Authorized Officer or Agent (of Subcontractor) Date

Title of Authorized Officer or Agent of Subcontractor

Printed Name of Authorized Officer or Agent

AFFIDAVIT OF NO EMPLOYEES

The undersigned, in connection with a proposed contract or subcontract with the Jones County School System for the physical performance of service in the State of Georgia (the “Contract”), hereby affirms and certifies under penalties of perjury that:

(a) I am a sole proprietor.

(b) I do not employ any other persons.

(c) I do not intend to hire any employees to perform the Contract.

(d) A true, correct and complete copy of my driver’s license is attached hereto.

(e) If at any time hereafter I determine that I will need to hire employees to satisfy or complete the physical performance of services under the Contract then before hiring any employees, I will:

(i.) immediately notify the School District in writing; and

(ii.) register with, participate in and use, a federal work authorization program operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A. 13-10-91, as amended; and

(iii.) Provide the School District with all affidavits required by O.C.G.A. § 13-10-90 et seq. and Georgia Department of Labor Rule 300-10-1-.02, 300-10-1-.03, 300-10-1-.07 and 300-10-1-.08.

Print Company Name / Name of Sole Proprietor

BY: Signature of Authorized Officer/Agent Date

[Attach copy of driver’s license]

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