Exclusion Lists and Employee Verification Clause Samples
The Exclusion Lists and Employee Verification clause establishes requirements for verifying that employees or contractors involved in a project are not listed on any government or industry exclusion or debarment lists. Typically, this clause obligates the contracting party to conduct background checks or screenings against specified databases before assigning personnel to work on the contract. By ensuring that only eligible and compliant individuals are engaged, the clause helps prevent legal or regulatory violations and protects both parties from potential penalties or reputational harm.
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Exclusion Lists and Employee Verification. Upon hire and monthly thereafter, Contractor will check the exclusion lists published by the Office of the Inspector General (OIG), General Services Administration (GSA), and the California Department of Health Care Services (DHCS) to ensure that any employee, temporary employee, volunteer, consultant, or governing body member responsible for oversight, administering or delivering state or federally-funded services who is on any of these lists is excluded from (may not work in) your program or agency. Proof of checking these lists must be retained for seven years.
Exclusion Lists and Employee Verification. 12.2.1 Contractor acknowledges that some or all of the items or products that Contractor furnishes to City under this Agreement may be included, directly or indirectly, in whole or in part, in claims submitted by City to Federal or State health care programs. By executing this Agreement Contractor certifies that it is not currently, and shall not during the term of this Agreement become, excluded, directed to be excluded, suspended, ineligible or otherwise sanctioned from participation in any Federal or State assistance programs. Contractor shall notify City, as provided in Section 11.1 (“Notices to the Parties”), within thirty (30) days of any such exclusion, suspension, ineligibility, or other sanction. This is a material term of this Agreement.
12.2.2 Contractor agrees to indemnify and hold harmless City and City’s officers, directors, employees, agents, successors and permitted assigns from and against any and all (including but not limited to Federal, State, or third party) civil monetary penalties, assessments, repayment obligations, losses, damages, settlement agreements and expenses (including reasonable attorneys’ fees) arising from the exclusion, suspension, ineligibility, or other sanction of Contractor and/or Contractor’s workforce (including those who oversee Contractor’s workforce, supervisors and governing body members) from participation in any Federal or State assistance program.