2-APPENDIX E - Unfair Business Practices Disclosure Form.pdf

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Attached to
Multi-Award for Federal Lobbying Services
Solicitation number
RFP 14-26-EM
Issued by
Bernalillo County, New Mexico

About this file

This document is an Unfair Business Practices Disclosure Form for Bernalillo County, New Mexico, designed to ensure potential contractors demonstrate ethical business practices. The form defines "Unfair Business Practices" as systematic actions determined discriminatory, deceptive, fraudulent, or abusive by federal or enforcement agencies within the last three years, specifically referencing the New Mexico Unfair Practices Act.

The form requires potential offerors to certify three key commitments: they have not participated in unfair business practices, they will report any such practices during the contract term, and they understand that engaging in such practices could result in contract termination. By implementing this disclosure, Bernalillo County aims to prioritize conducting business with partners committed to responsible and ethical business conduct, thereby protecting the county's interests and maintaining public trust in government procurement processes.

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APPENDIX E

UNFAIR BUSINESS PRACTICES DISCLOSURE FORM

(a) For the purposes of this Section, “Unfair Business Practices" shall mean a system or pattern of acts or practices that a relevant federal or enforcement agency has made a formal finding within the last three years to be discriminatory, deceptive, fraudulent, or abusive (or similar terms) under the New Mexico Unfair Practices Act, NMSA 1978, § 57- 12-1 et seq, or an applicable federal or other state consumer protection law relating to the subject matter of the procurement) or that has violated a relevant criminal statute, as evidenced by a public enforcement order or judgment, settlement with the enforcement agency or other formal finding by the relevant enforcement agency with regulatory enforcement authority under the applicable consumer protection law, or criminal conviction.

(b) Bernalillo County (“County”) finds that it is a priority to protect its interests and the public's trust by conducting its business with partners that are committed to and consistently demonstrate engaging in fair and responsible business practices. The general purpose and intent of the New Mexico Unfair Practices Act is to ensure to the maximum extent practicable that contracting practices support conducting government business with partners who are committed to and consistently demonstrate engaging in fair and responsible business practices and avoid conducting its business with partners that engage in criminal or systematic deceptive, fraudulent or abusive business practices.

THE OFFEROR CERTIFIES THAT:

• It has not participated in Unfair Business Practices as defined above.

• It will report to the Central Purchasing Office any additional Unfair Business Practices or violations by it during the term of its agreement with the County.

• It agrees that any contract with the County awarded under this solicitation may be terminated as a result of its engaging in Unfair Business Practices.

Company Name of Offeror Signature (Authorized Representative)

Telephone Number Printed Name (Authorized Representative)

FAX Number Printed Title (Authorized Representative)

E-Mail Address Date

Company Address

UNFAIR BUSINESS PRACTICES DISCLOSURE FORM

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