3-RFB 39-26-SS - On-Call Aquatics Services - APPENDIX E - Unfair Business Practices Disclosure Form 11122021.docx

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Attached to
On-Call Aquatics Services State and local contract opportunity
Solicitation number
RFB 39-26-SS
Issued by
Bernalillo County, New Mexico

About this file

This is an Unfair Business Practices Disclosure Form for the Bernalillo County Procurement & Business Services Department in New Mexico, submitted as Appendix E to the sealed bid solicitation (3-RFB 39-26-SS) for On-Call Aquatics Services. The form establishes the County's requirement that all offerors certify their compliance with fair and responsible business practices standards as defined under the New Mexico Unfair Practices Act (NMSA 1978, 57-12-1 et seq) and applicable federal or state consumer protection laws. Prospective bidders must declare that they have not engaged in unfair business practices within the past three years, where such practices are defined as those subject to formal findings by relevant federal or state enforcement agencies regarding discriminatory, deceptive, fraudulent, or abusive conduct, or violations of criminal statutes as evidenced by public enforcement orders, judgments, settlements, or convictions.

By executing this disclosure form, offerors certify that they have not participated in unfair business practices as defined, agree to report any additional violations during the contract term, and acknowledge that the County may terminate any awarded contract if the contractor engages in such practices. The form requires submission of the offeror's company name, authorized representative signature, contact information including telephone number, facsimile number, email address, company address, printed name and title of the authorized representative, and the date of submission. This certification is a mandatory component of the bid submission process and reflects the County's commitment to conducting government business exclusively with partners demonstrating consistent engagement in fair and responsible business practices.

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Text version

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

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