3-RFP 45-26-SS IT Consulting Services - APPENDIX E Unfair Business Practices Disclosure Form.pdf

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Attached to
I. T. Consulting Services State and local contract opportunity
Solicitation number
RFP 45-26-SS
Issued by
Bernalillo County, New Mexico

About this file

This document is an Unfair Business Practices Disclosure Form (Appendix E) issued by Bernalillo County, New Mexico, in conjunction with an IT Consulting Services RFP. The form requires offerors to certify their compliance with fair business practices standards as defined under the New Mexico Unfair Practices Act (NMSA 1978, 57-12-1 et seq) and applicable federal and state consumer protection laws. Bernalillo County prioritizes contracting with partners who consistently demonstrate fair and responsible business practices and seeks to avoid partnerships with entities engaged in criminal, systematic deceptive, fraudulent, or abusive business conduct. The county anticipates contracting with firms to provide IT consulting resources to support the IT Department's internal and external customer services, including specialized skill sets as outlined in Section V.A.5 of the RFP.

Offerors must certify three specific commitments: that they have not engaged in unfair business practices as defined by relevant federal or enforcement agency findings within the preceding three years; that they will report any additional unfair business practices or violations during the contract term to the Central Purchasing Office; and that they acknowledge the county may terminate any awarded contract upon discovery of engagement in unfair business practices. The disclosure form requires completion with the company name, authorized representative signature, contact information, company address, and execution date. No specific pricing terms, set-asides, or funding amounts are addressed in this disclosure form, as it serves solely as a compliance and certification document within the broader procurement process.

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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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