1. (a)

   1. (1) Prior to the award of a contract, the contractor must certify that the contractor does not, and agrees that for the aggregate term of the contract will not, employ or contract with any illegal immigrant.
   2. (2) The instructions for certification will be provided in the contract solicitation.

2. (b)

   1. (1) If the contractor violates the above certification or is found not to be in compliance during the term of the contract, the state shall require the contractor to remedy the violation within sixty (60) days of discovery of that violation.
   2. (2) Failure to remedy the violation within the sixty-day period will result in termination for breach of contract, and the contractor shall be liable to the state for the state’s actual damages.

3. (c)

   1. (1) If the contractor uses a subcontractor at the time of the above certification, the subcontractor shall certify that the subcontractor does not employ or contract with an illegal immigrant.
   2. (2) The subcontractor’s certification must be submitted within thirty (30) days after award of the contract, and the contractor is required to maintain the certification on file for the remainder of the term of the contract.

4. (d)

   1. (1) In the event that the contractor learns that the subcontractor’s certification is in violation of the Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., and terminates the contract with the subcontractor, the termination of the subcontract for a violation of this section will not be considered a breach of the contractor’s contract with the state.
   2. (2) However, any subcontractor subsequently hired by the contractor shall be required to provide like certification.

Codification Notes: This section was promulgated as R1:19-11-105 of the Procurement Rules prior to codification into the Code of Arkansas Rules.