<strong>Caroline</strong> <strong>County</strong>, VARFP <strong>for</strong> <strong>Radio</strong> Communications SystemAPPENDIX H<strong>Caroline</strong> <strong>County</strong>, <strong>Virginia</strong>the Contractor, (2) will post in conspicuous places, available to employeesand applicants <strong>for</strong> employment, notices setting <strong>for</strong>th the provisions of thisnondiscrimination clause, and (3) will state that the Contractor is an equalopportunity employer in all solicitations or advertisements <strong>for</strong> employeesplaced by or on behalf of the Contractor under this Agreement. Allnotices, advertisements, and solicitations placed in accordance with federallaw, rule or regulation shall be deemed sufficient <strong>for</strong> the purpose ofmeeting the requirements of this section;2. the Contractor will include the provisions of the <strong>for</strong>egoing subparagraph2.(B)(1) in every subcontract or purchase order under the Agreement ofover $10,000, so that the provisions will be binding upon eachsubcontractor or vendor; andC. In every contract of over $10,000, the Contractor agrees during the per<strong>for</strong>manceof the Agreement that:the Contractor shall A) provide a drug-free workplace <strong>for</strong> its employees; B) postin conspicuous places, available to employees and applicants <strong>for</strong> employment, astatement notifying employees that the unlawful manufacture, sale, distribution,dispensation, possession, or use of a controlled substance or marijuana isprohibited in its workplace and specify the actions which will be taken againstany employee <strong>for</strong> a violation; C) state in all of its solicitations or advertisements<strong>for</strong> employees that it maintains a drug-free workplace; and D) include theprovisions of this sub-paragraph in every subcontract or purchase order of over$10,000, so that said provisions shall be binding upon each subcontractor orvendor.For purposes of this sub-paragraph, "drug-free workplace" means a site <strong>for</strong> theper<strong>for</strong>mance of work done in connection with a specific contract awarded to a theContractor in accordance with the provisions of the <strong>Virginia</strong> Public ProcurementAct, the employees of whom are prohibited from engaging in the unlawfulmanufacture, sale, distribution, dispensation, possession or use of any controlledsubstance or marijuana during the per<strong>for</strong>mance of the Agreement.D. In addition to the provisions contained in sub-paragraph C pertaining to drug-freeworkplaces, the Contractor shall comply with the federal Drug Free WorkplaceAct.E. Pursuant to Section 2.2-4343.1 of the Code of <strong>Virginia</strong> of 1950, in all invitationsto bid, requests <strong>for</strong> proposals, contracts, and purchase orders, the <strong>County</strong> does notdiscriminate against faith-based organizations."Faith-based Organization" means a religious organization that is or applies to bea contractor to provide goods or services <strong>for</strong> programs funded by the block grantMay 27, 2011 Page 1<strong>25</strong> of 134
<strong>Caroline</strong> <strong>County</strong>, VARFP <strong>for</strong> <strong>Radio</strong> Communications System3. Certifications.APPENDIX H<strong>Caroline</strong> <strong>County</strong>, <strong>Virginia</strong>provided pursuant to the Personal Responsibility and Work OpportunityReconciliation Act of 1996, P.L. 104-193.The Contractor certifies that:1. Its bid or offer (1) was made without prior participation, understanding,agreement, or connection with any corporation, firm or person submitting abid/offer <strong>for</strong> the same materials, supplies, equipment, or services with respect tothe allocation of the business af<strong>for</strong>ded by or resulting from this Agreement, (2)was in all respects fair and without collusion or fraud, and (3) was and or isintended to be competitive and free from any collusion with any person, firm orcorporation;2. the Contractor has not offered or received any kickback from any other bidder orthe Contractor, supplier, manufacturer, or subcontractor in connection with thebid/offer that resulted in this Agreement. A kickback is defined as an inducement<strong>for</strong> the award of a contract, subcontracts or order, in the <strong>for</strong>m of any payment,loan, subscription, advance, deposit of money, services or anything, present orpromised, unless consideration of substantially equal or greater value isexchanged. Further, no person shall demand or receive any payment, loan,subscription, advance, and deposit of money, services or anything of value inreturn <strong>for</strong> an agreement not to compete on a public contract;3. the Contractor is not a party to nor has it participated in nor is obligated orotherwise bound by agreement, arrangement or other understanding with anyperson, firm or corporation relating to the exchange of in<strong>for</strong>mation concerningbids, prices, terms or condition upon which this Agreement is to be per<strong>for</strong>med;4. the Contractor understands that collusive bidding is a violation of the <strong>Virginia</strong>Governmental Frauds Act and federal Law, and can result in fines, prisonsentences, and civil damage awards and agrees to abide by all conditions of thisproposal; and5. the Contractor has not and will not confer on any public employee having officialresponsibility <strong>for</strong> a procurement transaction any payment, loan, subscription,advance, deposit of money, services or anything of more than nominal value,present or promised, unless consideration of substantially equal or greater value isexchanged.4. WarrantiesThe Contractor represents and warrants that it has the requisite experience, skills,capabilities and manpower to per<strong>for</strong>m the Services as provided <strong>for</strong> in the Contract Documents inMay 27, 2011 Page 126 of 134
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