Common use of Certification and Acknowledgement Clause in Contracts

Certification and Acknowledgement. Without limiting the applicability of any other State or federal law, by signature on this Contract, Contractor hereby certifies and acknowledges that: 5.1.1. The Oregon False Claims Act, ORS 180.750 to 180.785, applies to any “claim” (as defined by ORS 180.750) that is made by (or caused by) Contractor and that pertains to this Contract. 5.1.1.1. No claim described in Sec. 5.1.1 above is or will be a “False Claim” (as defined by ORS 180.750) or an act prohibited by ORS 180.755. 5.1.1.2. In addition to the remedies under this Contract, if Contractor makes (or causes to be made) a False Claim or performs (or causes to be performed) an act prohibited under the Oregon False Claims Act, the Oregon Attorney General may enforce the liabilities and penalties provided by the Oregon False Claims Act against Contractor. 5.1.2. Contractor has a written policy and practice that meets the requirements, described in ORS 279A.112, of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. 5.1.2.1. Contractor agrees, as a material term of the Contract, to maintain such a policy and practice in force during the entire Contract Term. 5.1.3. Under penalty of xxxxxxx, the undersigned is authorized to act on behalf of Contractor and that Contractor is, to the best of the undersigned's knowledge after due inquiry for a period of no fewer than six (6) calendar years preceding the Contract Effective Date, has complied with all applicable Oregon Tax Laws. For purposes of this certification, "Oregon Tax Laws" means a State tax imposed by ORS 320.005 to 320.150 and 403.200 to 403.250 and ORS Chapters 118, 314, 316, 317, 318, 321 and 323; and local taxes administered by the Department of Revenue under ORS 305.620; 5.1.4. The Oregon Department of Administrative Services will report this Contract to the Oregon Department of Revenue (“DOR”). The DOR may take any and all actions permitted by law relative to the collection of taxes due to the State of Oregon or a political subdivision, including (i) garnishing Contractor’s compensation under this Contract or (ii) exercising a right of setoff against Contractor’s compensation under this Contract for any amounts that may be due and unpaid to the State of Oregon or its political subdivisions for which the DOR collects debts; 5.1.5. The information shown in Sec. 5 of the General Provisions, “Contractor Data and Certification” is Contractor's true, accurate and correct information; 5.1.6. To the best of the undersigned’s knowledge after diligent inquiry, Contractor has not discriminated against and will not discriminate against minority, women, or emerging small business enterprises certified under ORS 200.055, in obtaining any required Subcontracts; 5.1.7. Contractor and Contractor’s employees and Agents are not included on the list titled “Specially Designated Nationals and Blocked Persons” maintained by the Office of Foreign Assets Control of the United States Department of the Treasury and currently found at: xxxx://xxx.xxxxxxxx.xxx/resource-center/sanctions/SDN-List/Pages/default.aspx; 5.1.8. Contractor is not listed on the non-procurement portion of the General Service Administration’s “List of Parties Excluded from Federal procurement or Nonprocurement Programs” found at: xxxxx://xxx.xxx.gov/XXX or such alternative system required for use by Medicaid programs. 5.1.9. Contractor is not subject to backup withholding because: 5.1.9.1. Contractor is exempt from backup withholding; 5.1.9.2. Contractor has not been notified by the IRS that Contractor is subject to backup withholding as a result of a failure to report all interest or dividends; or 5.1.9.3. The IRS has notified Contractor that Contractor is no longer subject to backup withholding. 5.1.10. Contractor is an independent contractor as defined in ORS 670.600.

Certification and Acknowledgement. Without limiting the applicability of any other State or federal law, by signature on this Contract, Contractor hereby certifies and acknowledges that: 5.1.1. The Oregon False Claims Act, ORS 180.750 to 180.785, applies to any “claim” (as defined by ORS 180.750) that is made by (or caused by) Contractor and that pertains to this Contract. 5.1.1.1. No claim described in Sec. 5.1.1 above is or will be a “False Claim” (as defined by ORS 180.750) or an act prohibited by ORS 180.755. 5.1.1.2. In addition to the remedies under this Contract, if Contractor makes (or causes to be made) a False Claim or performs (or causes to be performed) an act prohibited under the Oregon False Claims Act, the Oregon Attorney General may enforce the liabilities and penalties provided by the Oregon False Claims Act against Contractor. 5.1.2. Contractor has a written policy and practice that meets the requirements, described in ORS 279A.112, of preventing sexual harassment, sexual assault, and discrimination against employees who are members of a protected class. 5.1.2.1. Contractor agrees, as a material term of the Contract, to maintain such a policy and practice in force during the entire Contract Term. 5.1.3. Under penalty of xxxxxxx, the undersigned is authorized to act on behalf of Contractor and that Contractor is, to the best of the undersigned's knowledge after due inquiry for a period of no fewer than six (6) calendar years preceding the Contract Effective Date, has complied with all applicable Oregon Tax Laws. For purposes of this certification, "Oregon Tax Laws" means a State tax imposed by ORS 320.005 to 320.150 and 403.200 to 403.250 and ORS Chapters 118, 314, 316, 317, 318, 321 and 323; and local taxes administered by the Department of Revenue under ORS 305.620; 5.1.4. The Oregon Department of Administrative Services will report this Contract to the Oregon Department of Revenue (“DOR”). The DOR may take any and all actions permitted by law relative to the collection of taxes due to the State of Oregon or a political subdivision, including (i) garnishing Contractor’s compensation under this Contract or (ii) exercising a right of setoff against Contractor’s compensation under this Contract for any amounts that may be due and unpaid to the State of Oregon or its political subdivisions for which the DOR collects debts; 5.1.5. The information shown in Sec. 5 of the General Provisions, “Contractor Data and Certification” is Contractor's true, accurate and correct information; 5.1.6. To the best of the undersigned’s knowledge after diligent inquiry, Contractor has not discriminated against and will not discriminate against minority, women, or emerging small business enterprises certified under ORS 200.055, in obtaining any required Subcontracts; 5.1.7. Contractor and Contractor’s employees and Agents are not included on the list titled “Specially Designated Nationals and Blocked Persons” maintained by the Office of Foreign Assets Control of the United States Department of the Treasury and currently found at: xxxx://xxx.xxxxxxxx.xxx/resource-center/sanctions/SDN-List/Pages/default.aspx; 5.1.8. Contractor is not listed on the non-procurement portion of the General Service Administration’s “List of Parties Excluded from Federal procurement or Nonprocurement Programs” found at: xxxxx://xxx.xxx.gov/XXX or such alternative system required for use by Medicaid programs. 5.1.9. Contractor is not subject to backup withholding because: 5.1.9.1. Contractor is exempt from backup withholding; 5.1.9.2. Contractor has not been notified by the IRS that Contractor is subject to backup withholding as a result of a failure to report all interest or dividends; or 5.1.9.3. The IRS has notified Contractor that Contractor is no longer subject to backup withholding. 5.1.10. Contractor is an independent contractor as defined in ORS 670.600.