This section will provide users with information regarding the current Contract Compliance Ordinances and Programs applicable to contracts awarded by the LADWP.
All vendors, firms, consultants and suppliers are responsible to ensure they are in compliance with required City ordinances, and State and Federal rules and regulations. Applicable Contract Compliance forms will be included as part of every advertised Specification or RFP document.
Certification of Compliance with Child Support Obligations
Every contract that is let, awarded or entered into with or on behalf of the City of Los Angeles shall contain a provision obligating the contractor or subcontractor to fully comply with all applicable State and Federal employment reporting requirements for the contractor or subcontractor's employees. Therefore, all contractors and subcontractors performing work for the Department are required to comply with reporting requirements and wage and earning assignments relative to legally mandated child support. All bidders must sign and submit a Certification of Compliance with Child Support Obligations with their bid or proposal.
An approved Certification of Compliance with Child Support Obligations is valid “only” for the term of the contract.
Municipal Lobbying Ordinance
The City of Los Angeles Municipal Lobbying Ordinance regulates persons who are paid by others to attempt to influence City decisions. It requires certain individuals and entities to register with the City Ethics Commission and requires public disclosure of certain lobbying activities.
In accordance with the City of Los Angeles Ordinance No. 178064 and the Los Angeles Municipal Code, any bidder for goods and services contracts over $25,000 and a term over three months; and all construction contracts of any amount, must submit with its bid a certification, City Ethics Commission Form 50 (CEC Form 50), certifying that the bidder acknowledges and agrees to comply with the disclosure requirements and prohibitions established in the Municipal Lobbying Ordinance.
Bidder Campaign Contribution and Fundraising Restrictions
In accordance with the City of Los Angeles Charter Section 470(c)(12) and related ordinances, bidders may not make campaign contributions to and or engage in fundraising for certain elected City officials or candidates for elected City office from the time they submit a bid to the Department until either the contract is awarded or, for successful bidders, 12 months after the contract is executed. The bidder's principals and subcontractors performing $100,000 or more in work on the contract, as well as the principals of those subcontractors, are also subject to the same limitations on campaign contributions and fundraising.
As part of their bid or proposal submittal to the Department, bidders shall complete, sign, and attach the City Ethics Commission’s “CEC Form 55” affidavit. The affidavit requires bidders to identify their principals, their subcontractors performing $100,000 or more in work on the contract, and the principals of those subcontractors. Bidders shall also notify their principals and subcontractors in writing of the restrictions and include the notice in contracts with subcontractors.
Contractor Responsibility Ordinance (CRO)
The prudent expenditure of funds requires that the Department’s procurement process result in the selection of qualified and responsible contractors who have the capability to perform the contract. Further, many contractors perform services that affect the proprietary interest of the Department and their performance impacts the success of Department Operations. The Contractor Responsibility Ordinance (CRO) was adopted by the Department’s Board of Commissioners to protect these interests.
The CRO is applicable to contracts for the purchase of goods and services of at least $25,000 and three months, and construction contracts of any amount.
The CRO documentation will allow the Department to ascertain that the prospective contractor has the necessary quality, fitness, and capacity to perform the work set forth in the contract. Such documentation will also enable the Department to examine a bidder’s business structure, financial resources, performance history, prior disputes, compliance record, and business integrity.
An affirmative action program is a management tool designed to ensure equal employment opportunity. An affirmative action program includes those policies, practices, and procedures that the contractor implements to ensure that all qualified applicants and employees are receiving an equal opportunity for recruitment, selection, advancement, and every other term and privilege associated with employment. An affirmative action program also ensures equal employment opportunity by institutionalizing the contractor’s commitment to equality in every aspect of the employment process.
All contractors for any non-construction contracts valued at $100,000 or more, or construction contracts valued at $5,000 or more must submit a signed AAP.
Non-Discrimination and Equal Employment Practices (ND-EEP)
Los Angeles Administration Code, Division 10, Chapter 1, Article 1, Section 10.8 stipulates that the City of Los Angeles, in letting and awarding contracts for the provision to it, or on its behalf, of goods and services of any kind or nature, intends to deal only with those contractors that comply with the non-discrimination and Affirmative Action Provisions of the law.
In accordance with the Los Angeles Administrative Code Section 10.8.2, the ND-EEP obliges all contractors in performance of any LADWP contract, not to discriminate in his or her employment practices against any employee or applicant for employment due to race, religion, national origin, ancestry, sex, sexual orientation, age, disability, marital status, domestic partner status or medical condition.
The LADWP requires all contractors to comply with the provisions of Los Angeles Administrative Code Section 10.8.3, Equal Employment Practices Provisions. To be in compliance, all bidders must complete and submit a Non-Discrimination/Equal Employment Practices (ND-EEP) Affidavit with their bid or proposal.
The Sweat-Free Procurement Ordinance was adopted by LADWP’s Board of Commissioners to help protect the rights and health of those who work in fulfilling the Department’s commodity contracts. The Department supports the premise that employers should fairly compensate employees, that the health and safety of workers should be protected, and that no form of discrimination or abuse should be tolerated.
The Department’s proprietary contracting interests are served by doing business with contractors who make a good faith effort to ensure that they and their subcontractors shun sweatshop practices and adhere to workplace and wage laws. In support of sweat-free procurement, the Department requires that all contractors subject to the SFP Ordinance sign an affidavit stating that they, and to the best of their knowledge, their subcontractors will comply with the Contractor Code of Conduct.
The Contractor Code of Conduct embodies the City’s Sweat-Free Procurement Ordinance, and will be a required submittal of all bidders for commodity contracts of $25,000 or more, with duration of three months or more.
City of Los Angles Recycled Products Purchasing Program Ordinance No. 168313 was implemented to promote the City’s purchase of products containing recycled material because these products substantially reduce the need for solid waste disposal facilities. In support of this Ordinance, the LADWP promotes the purchase of goods, supplies, and equipment containing recycled materials by requiring contracting parties to submit statements under penalty of perjury declaring the content of recycled materials in the products they provide.
Therefore all bidders for materials contracts are required to certify the content of recycled material for each item on their bid by completing the Recycled-Content Certification Form. The bidder is required to complete the certification even in instances where the products do not contain any recycled material. Failure to submit the certification will deem the product to contain no recycled material.
Equal Benefits Ordinance (EBO)
The Equal Benefits Ordinance (EBO) requires that contractors who provide benefits to employees with spouses must provide the same benefits to employees with same or different gender partners. The Department may not execute an agreement with any contractor that discriminates in the provision of benefits. Accordingly, unless the Office of Contract Compliance (OCC) approves a waiver, contractors must be certified as being in compliance with the EBO prior to the execution of any new, renewed or amended agreement. The EBO is applicable to all Department contracts greater than $5,000.
Contracts involving bulk purchasing arrangements through City, federal, state or regional entities (‘piggybacks’), that actually reduce the Department’s purchasing costs and would be in the best interest of the Department, require a waiver be completed.
One-time spot purchases are not covered by the EBO since such procurements do not constitute an on-going procurement relationship with the Contractor
Iran Contracting Act of 2010
The Iran Contracting Act of 2010 prohibits bidders engaged in investment activities in Iran, from bidding, submitting proposal for, entering into or renewing contracts with the Department for goods and services of one million dollars ($1,000,000) or more.
A bidder or proposer who engages in investment activities in Iran is defined as either:
- A bidder or proposer providing goods or services of twenty million dollars ($20,000,000) or more in the energy sector of Iran, including provision of oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector or Iran; OR
- A bidder that is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that person will use the credit to provide goods or services in the energy sector in Iran and is identified on the list created by the State of California, Department of General Services (DGS) as a person engaging in the investment activities in Iran.
All bidders or proposers for Department contracts of $1 million dollars or more shall certify that they are not identified on the DGS list of ineligible businesses or persons, and that they are not engaged in investment activities in Iran by signing and submitting the Iran Contracting Act of 2010 Compliance Affidavit.
Living Wage Ordinance (LWO)
The Living Wage Ordinance (LWO), Section 10.37 et seq. of the Los Angeles Administrative Code, requires that except where specifically exempted, companies providing services to the Department must provide their employees with a minimum wage, health insurance, a minimum number of compensated days off for sick leave, vacation, or personal days, and a minimum number of compensated days off work, as specified by the Ordinance.
Unless approved for an exemption, contractors primarily for the furnishing of services that involve expenditures in excess of $25,000 and a contract term of at least three (3) months must comply with the provisions of the LWO.
To be completed by successful bidders only: Living Wage Ordinance (LWO) Forms
Bidder's Certification Video Tutorial
Don’t run the risk of losing out on opportunities due to minor mistakes on your bidding forms. Make sure you fill out your paperwork correctly with the following tutorial videos: