Criminal Background Checks. Contractor shall, upon request, provide the BOR with written confirmation that Contractor has conducted a satisfactory criminal background check of any employee, contractor, or agents of Contractor assigned to or proposed to be assigned to any aspect of the performance of this Contract. Contractor shall not permit any of its employees, contractors, or agents including replacement employees) to perform the services under this Contract unless they have had a satisfactory background check. The BOR reserves the right to request background checks on a case by case basis.
Federal Exclusions List. Contractor agrees to abide by USC § 1320a-7, and all other related provisions or laws as it relates to the Federal Exclusions List. To that end, Contractor shall not employ or use any company, entity, or individual that is on the Federal Exclusions List.
Compliance with Anti-Kickback Act. By executing this Contract, Contractor states and certifies that it is and that it will continue to comply with the Anti-Kickback Act of 1986, 41 USC § 51-58 and Federal Acquisition Regulation 52.203-7.
Debarment. By executing this Contract, Contractor states and certifies that neither it nor any of its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any State or federal department or agency. Contractor shall execute and deliver Attachment D, Certification Regarding Debarment, Suspension, Proposed Debarment and Other Responsibility Matters to this Contract.
SUBCONTRACTS
Use of Subcontractors.Contractor will not subcontract or permit anyone other than Contractor employees and Subcontractors as of the Effective Date of this Contract to perform any of the Administrative Services under this Contract, or assign any of its rights or obligations hereunder, without the prior written consent of the BOR. Subcontractors must be approved in advance and in writing by the BOR. Any replacement Subcontractor must be approved in the same manner. Contractor shall, in writing, provide to the BOR the names of all proposed or actual Subcontractors, the scope of Administrative Services of each Subcontractor, and the percentage of work to be performed by each Subcontractor relative to the total scope of work for the Contract. Contractor is solely responsible for all work contemplated and required by this Contract, whether Contractor performs the work directly or through a Subcontractor. The BOR reserves the right to require the removal or replacement of any Subcontractor. All Subcontractors must fulfill the requirements of O.C.G.A. § 13-10-91 et seq. and furnish to Contractor and the BOR the Security and Immigration Compliance Affidavit required pursuant to O.C.G.A. § 13-10-91 et seq.
Monitoring of Performance of Subcontractors. Contractor must ensure each prospective Subcontractor’s ability to perform the activities to be delegated to it and must monitor the Subcontractor’s performance on an on-going basis.
Notice of Actions and Suits. Contractor shall give the BOR immediate notice in writing by registered mail or certified mail of any action or suit filed by any subcontractor and prompt notice of any claim made against Contractor by any subcontractor or vendor that in the opinion of Contractor, may result in litigation related in any way to this Contract.
Foreign Subcontractors and Personnel. All service functions required by this Contract must be performed by individuals residing and located in the continental United States of America. Contractor shall not use or employ subcontractors incorporated, located, or based in foreign countries for service functions without the BOR’s prior written consent, which consent may be given or withheld in the BOR’s sole discretion.
Copies of Subcontractor Agreements. Contractor will make its Subcontractor agreements available to the BOR upon request. For any subcontract, there must be a designated project manager who is a member of the Subcontractor’s staff and who is directly accessible by the BOR. This individual’s name and contact information must be provided by Contractor to the BOR when the subcontract is executed.
Required Travel and Travel Expenses. Contractor is solely responsible for all travel costs arising from Contractor’s performance under this Contract.
Use of State Vehicles. State vehicles will not be used by Contractor in the performance of this Contract.
LICENSE, CERTIFICATE, AND PERMIT REQUIREMENT
Licenses, Certificates, Permits. Contractor shall have, obtain, and maintain in good standing any licenses, certificates and permits, whether State or federal, that are required prior to and during the performance of Administrative Services under this Contract. Contractor shall provide the BOR with certified copies of all licenses, certificates and permits that may be necessary for the performance of its obligations, upon the BOR’s request.
Qualified to do Business. Contractor warrants that it is qualified to do business in the State of Georgia and is not prohibited by its articles of incorporation, bylaws, any document establishing Contractor’s entity, or any law of the State under which it is incorporated or was formed from performing the Administrative Services under this Contract.
Loss of License, Certificate, or Permit. Loss of the licenses, certificates, or permits described above shall be cause for termination of the Contract pursuant to Section23,Termination. If any such license, certificate, or permit is cancelled, revoked, suspended or expires during the term of this Contract, Contractor shall inform the BOR immediately and cease all activities under this Contract, until further instruction from the BOR.
No Claims, Legal Action, Investigations. Contractor represents that there is as of the Effective Date no claim, legal action, counterclaim, suit, arbitration, governmental investigation or other legal, administrative, or tax proceeding, or any order, decree or judgment of any court, governmental agency, or arbitration tribunal that is in progress, pending, or threatened against or relating to Contractor or the assets of Contractor that would individually or in the aggregate have a material adverse effect on Contractor’s ability to perform the obligations contemplated by this Contract. Without limiting the generality of the representation of the immediately preceding sentence, Contractor is not currently the subject of a voluntary or involuntary petition in bankruptcy, does not presently contemplate filing any such voluntary petition, and is not aware of any intention on the part of any other person, or entity, to file such an involuntary petition against it.
