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27. SUSPENSION AND DEBARMENT The bidder shall complete and submit with its bid proposal the certification regarding debarment form included in this package, or an explanation as provided herein. The inability to provide the certification will not necessarily result in denial of participation in the project. The bidder shall submit an explanation of why it cannot provide the requested certification, which will be considered in evaluation of the bidder's bid package. However, failure by a bidder to furnish a certification or an explanation shall disqualify such bidder from this project. The bidder agrees by submitting its bid that should it be awarded the contract, it will not knowingly enter into any sub -contracts for this project with a person who is debarred, suspended, declared ineligible or excluded from participation in this transaction. The bidder further agrees that it will require the same certification in all solicitations for and from all sub -contractors on the project. The certification is a material representation of fact upon which the County will rely. If it is later determined that the bidder rendered an erroneous certification, or knowingly entered into a sub -contract with a subcontractor who is debarred, suspended or ineligible, the County may terminate the contract for cause of default. 28. EQUIPMENT (1) Publicly Owned Equipment * The policy definition of publicly owned equipment is ". . equipment previously purchased or otherwise acquired by the public agency involved for use in its own operations." the policy goes on to state that "... publicly owned equipment should not normally compete with privately owned equipment on a project to be let to contract." (2). Equipment Rental Rates. Contractor shall comply with the cost principles and procedures set forth in 48 C.F.R. Part 31. Reasonable costs of renting construction equipment are allowable; but the allowability of charges of equipment rentals from any division, subsidiary of organization under common control of contractor will be determined in accordance with 48 C.F.R. Sec. 31.205-36(b)(3). 29. MATERIALS (1) Source of Supply: Convict Labor. Materials produced by convict labor are prohibited from use on this project unless specific written authority for such use is obtained from FDOT and: (i) such materials are produced by convicts on parole, supervised release, or probation from a prison. (2) No Local Preference. The contractor must furnish all materials to be incorporated in the work, and the contractor shall be permitted to select the sources from which the materials are to be obtained. The County shall not impose any requirement or enforce any procedure which operates to require the use of, or provides a price differential in favor of, articles or materials produced within the State. 30, SALVAGE CREDITS. There will be no credit to the project as a result of salvaged materials or equipment. 31. SUBCONTRACTING (1) Prime Contractor Requirement. The prime contractor shall perform at least 30 percent of contract work with its own organization. This percentage shall be of the original contract price, exclusive of specialty items, but include the cost of materials and manufactured products purchased or produced by the prime contractor. (2) Subcontract approval. No portion of the work may be sublet, assigned, or otherwise subcontracted without the written consent of the County. Subcontract approval shall be based on satisfactory evidence that each subcontract is in writing and contains all the pertinent provisions. The approval of a subcontract does not relieve the contractor of responsibility for fulfillment of the contract. 25 F:\Engineering\Capital Projects\0604-12th St Sidewalk Improve between 43rd Ave & 27th Ave\0604 Federal Contract Provisions. doc aQ9YZ00832a.34PM