Office of Procurement Services
130 Trinity Avenue, S.W.
5th Floor
Atlanta, Georgia 30303-3624
Memo
To:Contractors and others providing services to Atlanta Public Schools
From: Randall Sellers, Director of Procurement Services
Re:Georgia’s House Bill 87 (O.C.G.A. §13-10-91, as amended), the “Illegal Immigration Reform and Enforcement Act of 2011”
Date: July 23, 2013
During the 2011 legislative session the Georgia Legislature passed House Bill 87 (HB87), commonly known as the “Illegal Immigration Reform and Enforcement Act of 2011.” HB 87 imposes strict requirements and limitations upon Atlanta Public Schools and the vendors with which Atlanta Public Schools conducts business. The requirements of HB87 went into effect on July 1, 2011. Therefore, APS and all vendors currently doing business with Atlanta Public Schools must comply with the legal requirements of HB87. To that end, this notification is intended to inform you of the documentation you must provide to Atlanta Public Schools and Atlanta Public Schools must have on file to be compliant with the law and continue to be able to do business with your company. The requirements of HB87 are set forth below.
Beginning July 1, 2013, HB 87 requires that all companies with more than ten (10) full-time employees or non-employee individuals providing services to APS shall submit to APS a notarized affidavit that states:
The company/individual is registered with, uses, and will continue to use the federal government’s work authorization system (“E-Verify”) for all its employees for the duration of the contract period;
The company/individual users E-Verify identification number (“EEV”) and date of authorization under the E-Verify system;
The company/individual will only work with subcontractors and sub-subcontractors who are registered with and use E-Verify and will obtain and retain the required HB87 compliance affidavit from all subcontractors and sub-subcontractors providing service to Atlanta Public Schools.
Additionally, HB 87 requires companies/individuals to supply Atlanta Public Schools with a copy of HB 87 compliant affidavits for any subcontractors, or sub-subcontractors that are used in the performance of services for Atlanta Public Schools.
Finally, in addition to submitting HB87 compliance affidavits to Atlanta Public Schools to be maintained in your vendor file with Atlanta Public Schools, your company must also submit a copy (for the subcontractors and sub-subcontractors) of its HB87 affidavit when responding to any solicitation issued by Atlanta Public Schools. The failure to submit the required HB87 affidavit(s) will result in your response to the solicitation being deemed non-responsive.
Attached to this memo are forms of affidavit for compliance with HB87. The appropriate affidavit(s) must be completed by you and returned to us as soon as possible.
There are limited exceptions to the requirement to provide the contractor affidavit, subcontractor affidavit, and/or sub-subcontractor affidavit:
Companies or individuals rendering services to Atlanta Public Schools who do not have employees AND will not use subcontractors may provide a copy of the individual’s Georgia Driver’s License.(You must complete and return the attached Affidavit of Exception and provide a copy of your Georgia Driver’s License.)
Companies or individuals rendering services to Atlanta Public Schools outside of the state of Georgia are exempt from this legislation.(You must complete and return the attached Affidavit of Exception.)
Companies or individuals providing only goods to Atlanta Public Schools (and no services) are exempt from this legislation. (You must complete and return the attached Affidavit of Exception.)
Companies with ten (10) or fewer full-time employees are exempt from this legislation. (You must complete and return the attached Affidavit of Exemption.)
Failure to comply with the requirements of HB87:
HB 87/ OCGA § 13-10-91(b)(1) states:
“A public employer shall not enter into a contract pursuant to this chapter for the physical performance of services unless the contractor registers and participates in the federal work authorization program.”
Solicitations that are currently pending in procurement or that were evaluated or awarded after July 1, 2011 must be compliant with this law in order for contracts to be processed. Contracts will not be processed for vendors who fail to return the appropriate affidavit(s) to us.
Existing contracts will be terminated if you fail to return the appropriate affidavit(s) to us.
Conclusion:
In order to continue your eligibility to do business with APS, you must return the appropriate affidavit form(s) (attached) with your response to any solicitation to:
Atlanta Public Schools
Procurement Services, 4th Floor
130 Trinity Avenue, S.W.
Atlanta, Georgia 30303-3624
If you have questions please contact a member of our contract compliance team:
David Odom, Assistant Director of Procurement Services 404-802-1585
Nicole Langley, Sr. Contract Specialist 404-802-2575
Joyce Carter, Sr. Procurement Officer 404-802-1564
Attachments:
1)Affidavit of Exception
2)ContractorAffidavit of ComplianceunderO.C.G.A.§13-10-91(b)(l)
3)Subcontractor Affidavit of Compliance under O.C.G.A. § 13-10-91(b)(3)
4)Sub-subcontractor Affidavit of Compliance under O.C.G.A. § 13-10-91(b)(4)