§ 2-1187.1. State mandated immigration compliance requirements.

(a)

Before an offer for the physical performance of services in response to solicitation under division 4 is considered, a potential offeror, through a signed, notarized contractor affidavit, must attest to the following:

(1)

That the potential offeror has registered with, is authorized to use, and uses the Federal Work Authorization Program; and

(2)

That the potential offeror's user identification number issued by the Federal Work Authorization Program and date of authorization to use the program are disclosed on the contractor affidavit; and

(3)

That the potential offeror is obligated to continue to use the Federal Work Authorization Program throughout the performance of the contract; and

(4)

That the potential offeror will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the same information listed in section 2-1187.1(a) (1), (2), (3) and (4).

(b)

Potential offerors may submit the contractor affidavit to the department of procurement not less than ten days prior to the due date for responses to the solicitation. Submission of the contractor affidavit after that date will not extend the time for submitting offers and the department of procurement is not required to review contractor affidavits submitted less than ten days prior to the due date for responses to the solicitation.

(c)

The department of procurement will review the timely submitted contractor affidavits and provide potential offerors with the following:

(1)

A written acknowledgement of receipt of the potential offeror' s contractor affidavit;

(2)

A determination as to whether the contractor affidavit does or does not comply with the state law; and

(3)

A determination as to whether the potential offeror is qualified as to the state immigration compliance mandates to have their offer evaluated.

(d)

The acknowledgement and determinations as to compliance and qualification to submit an offer must be faxed or emailed to potential offerors not less than five days prior to the due date for responses to the solicitation.

(e)

Potential offerors that are deemed non-compliant must submit a compliant contractor affidavit on the due date for responses to the solicitation of offers in order to be qualified for evaluation.

(f)

If the due date for the contractor affidavit or the acknowledgement and determinations falls on a weekend or a city recognized holiday, the document shall be due on the next business day after the weekend or holiday. However, the department of procurement shall not be required to change the due date for responses to the solicitation to accommodate a later due date for the contractor affidavit or the acknowledgement and determinations. In no event will the due date for the contractor affidavit be later than the due date for responses to the solicitation.

(g)

The determination of a potential offeror's compliance with the state's immigration compliance mandates shall not automatically deem that offeror's timely submitted offer to be responsive to any solicitation. Offerors must also be responsive to and compliant with other requirements set forth in the solicitation of offers, as well as all applicable laws. Untimely offers from compliant potential offerors shall not be eligible for award of the solicited contract.

(h)

Potential offerors that submit with their offer an incomplete or incorrect contractor affidavit or fail to submit a compliant contractor affidavit after a determination of non-compliance will not be qualified for evaluation and their timely submission of an offer may not be considered for the award of the solicited contract.

( Ord. No. 2017-12(15-O-1404), § 1, 3-29-17 )