Ga. Comp. R. & Regs. R. 300-10-1-.03 - Contractor and Subcontractor Evidence of Compliance

(1)Pursuant to O.C.G.A. 13-10-91, public employers who enter into a contract for the physical performance of services within this state shall include in such contract all of the following provisions:

(a) a provision stating that compliance with the requirements of O.C.G.A. 13-10-91 and Rule 300-10-1-.02 are conditions of the contract;

(b) a provision listing the three statutory employee-number categories of "500 or more employees," "100 or more employees," and "fewer than 100 employees," as identified in O.C.G.A. 13-10-91, with a space provided for the contractor to check, initial or otherwise affirmatively indicate the employee-number category applicable to the contractor; and

(c) a provision stating the contractor's agreement that, in the event the contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the contractor will secure from the subcontractor(s) such subcontractor(s') indication of the employee-number category applicable to the subcontractor; and

(d) a provision stating that the contractor's compliance with the requirements of O.C.G.A. 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor affidavit as shown in Rule 300-10-1-.07, or a substantially similar contractor affidavit, which document shall be attached to, and become a part of, the covered contract.

(2) Pursuant to O.C.G.A. 13-10-91, public employers shall include in all covered contracts a provision stating the contractor's agreement that, in the event the contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the contractor will secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit shown in Rule 300-10-1-.08 or a substantially similar subcontractor affidavit, and maintain records of such attestation for inspection by the public employer at any time. Such subcontractor affidavit shall become a part of the contractor/subcontractor agreement.

(3) All portions of contracts pertaining to compliance with O.C.G.A. 13-10-91 and these rules, and any affidavits related thereto, shall be open for public inspection in this state at reasonable times during normal business hours.

Notes

Ga. Comp. R. & Regs. R. 300-10-1-.03

O.C.G.A. Sec. 13-10-91.

Original Rule entitled "Contractor and Subcontractor Evidence of Compliance" adopted. F. May 25, 2007; eff. June 18, 2007, as specified by the Agency.