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• The written statement of claims submitted by the Contractor shall be accompanied by a notarized certificate <br /> containing the following language: <br /> Under the penalty of law for perjury or falsification and with specific <br /> reference to the California False Claims Act,Government Code Section <br /> 12650 et.seq.,the undersigned, <br /> (name) <br /> Of <br /> (title) <br /> (company) <br /> hereby certifies that the claim for the additional compensation and time,if <br /> any,made herein for the work on this contract is a true statement of the <br /> actual costs incurred and time sought,and is fully documented and supported <br /> under the contract between parties. <br /> Dated <br /> /s/ <br /> Subscribed and sworn before me this day <br /> of <br /> (Notary Public) <br /> My Commission <br /> Expires <br /> • Failure to submit the notarized certificate will be sufficient cause for denying the claim. <br /> • Any claim for overhead, in addition to being certified as stated above, shall be supported and accompanied by an <br /> audit report of an independent Certified Public Accountant. Omission of a supporting audit report of an independent <br /> Certified Public Accountant shall result in denial of the claim and shall operate as a bar to arbitration, as to the claim, in <br /> conformance with the requirements in Section 10240.2 of the California Public Contract Code. Any claim for overhead shall <br /> be subject to audit by the State at its discretion. The costs of performing an audit examination and submitting the report shall <br /> be borne by the Contractor. The Department will deduct an offset amount for field and home office overhead paid on all <br /> added work from any claim for overhead as appropriate, as determined by the Department. The value of the added work <br /> equals the value of the work completed minus the total bid. The home office overhead offset equals 5 percent of the added <br /> work. The field office overhead offset equals 5-1/2 percent of the added work. The Certified Public Accountant's audit <br /> examination shall be performed in conformance with the requirements of the American Institute of Certified Public <br /> Accountants Attestation Standards. The audit examination and report shall depict the Contractor's project and company-wide <br /> financial records and shall specify the actual overall average daily rates for both field and home office overhead for the entire <br /> duration of the project,and whether the costs have been properly allocated. The rates of field and home office overhead shall <br /> exclude unallowable costs as determined in Title 48 of the Federal Acquisition Regulations, Chapter 1, Part 31. The audit <br /> examination and report shall determine if the rates of field and home office overhead are: <br /> 1. Allowable in conformance with the requirements in Title 48 of the Federal Acquisition Regulations, Chapter 1, <br /> Part 31. — <br /> 2. Adequately supported by reliable documentation. <br /> 3. Related solely to the project under examination. <br /> • Costs or expenses incurred by the State in reviewing or auditing claims that are not supported by the Contractor's <br /> cost accounting or other records shall be deemed to be damages incurred by the State within the meaning of the California <br /> False Claims Act. <br /> • If the Engineer determines that a claim requires additional analysis, the Engineer will schedule a board of review <br /> meeting. The Contractor shall meet with the review board or person and make a presentation in support of the claim. <br /> Attendance by the Contractor at the board of review meeting shall be mandatory. <br /> • The District Director of the District that administered the contract will make the final determination of any claims <br /> which remain in dispute after completion of claim review by the Engineer or board of review meeting. <br /> Contract No. 10-OM7104 <br /> 16 <br />