Senate committee substitute makes the following changes to 4th edition. Amends proposed GS 64-10 to (1) specify that the definition of contractor is a person or entity that employs at least 25 full-time employees and contracts with a public entity for construction or repair work and (2) specify that the definition of subcontractor also is limited to any person or entity that employs at least 25 full-time employees and otherwise meets the stated criteria.
Amends proposed GS 64-11 to (1) require a contractor to produce a certification to the public entity that meets the statutory criteria within ten business days of entering into any contract subject to the requirement; (2) specify that the certification must provide that any subcontractor with which the contractor enters into a subcontract concerning the contract between the contractor and the public entity is in compliance with, or will be in compliance with, GS 64-12; (3) specify that the certification must state that the contractor has not been convicted of knowingly submitting a false certification within one year prior to making the certification; (4) specify that the failure of a contractor to meet the certification requirements renders the contract voidable at the option of the public entity; and (5) make a technical change. Makes clarifying changes.
Amends proposed GS 64-12 to (1) specify that the certification requirement must be met within ten business days of commencing performance under a subcontract, (2) specify that the certification must state that the subcontractor has not been convicted of knowingly submitting false certification within one year prior to making the certification, and (3) make a technical change.
Adds new GS 64-13 to direct the Department of Administration to develop a standard form on which the certifications must be made by all contractors and subcontractors subject to the statutory requirement.
Deletes proposed Article 3 (Verification of Work Authorization).
Deletes amendments to GS 126-7.1(f).
Makes clarifying changes to GS 153A-449, GS 160A-20.1, and GS 143-129.
Amends proposed GS 153A-99.1 to specify that each county must register and participate in E-Verify only to verify work authorization for new employees hired to work in the United States.
Changes effective date of entire act to January 1, 2012. The act applies to bids submitted and contracts entered into on or after that date (previous edition listed different effective dates, based on the number of employees).
Makes conforming changes to title.