3-APPENDIX E Unfair Business Practices Disclosure Form.pdf

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Attached to
Partners in Health (PIH) Program Services
Solicitation number
RFP 40-26-EM
Issued by
Bernalillo County, New Mexico

About this file

This is an Unfair Business Practices Disclosure Form (Appendix E) for RFP #40-26-EM issued by the County of Bernalillo Purchasing Section on behalf of the Bernalillo Behavioral Health Authority for the Partners in Health (PIH) Program Services in New Mexico. The form establishes disclosure and certification requirements for offerors participating in this procurement opportunity. Offerors must certify that they have not engaged in unfair business practices as defined by the New Mexico Unfair Practices Act (NMSA 1978, 57-12-1 et seq) or applicable federal and state consumer protection laws, with "unfair business practices" defined as patterns of discriminatory, deceptive, fraudulent, or abusive acts that have resulted in formal findings by relevant federal or state enforcement agencies within the last three years or violations evidenced by public enforcement orders, judgments, settlements, or criminal convictions.

Offerors must provide certification that they have not participated in unfair business practices, commit to reporting any such practices or violations during the contract term, and acknowledge that the County may terminate any awarded contract upon evidence of engagement in unfair business practices. The form requires offerors to provide company name, authorized representative signature, contact information including telephone, fax, and email, printed name and title of the authorized representative, company address, and date of submission. This disclosure requirement reflects Bernalillo County's priority to conduct business with partners demonstrating fair and responsible practices and to protect the County's interests and public trust by avoiding contracts with partners engaging in criminal or systematic deceptive, fraudulent, or abusive business practices.

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APPENDIX E

UNFAIR BUSINESS PRACTICES

DISCLOSURE FORM

RFP #40-26-EM

(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

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