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

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Attached to
Asset Management Software Services
Solicitation number
RFP 27-26-DC
Issued by
Bernalillo County, New Mexico

About this file

This is an Unfair Business Practices Disclosure Form required by Bernalillo County, New Mexico for the Asset Management Software Services procurement. The form establishes the County's commitment to conducting business with partners demonstrating fair and responsible business practices in compliance with the New Mexico Unfair Practices Act, NMSA 1978, 57-12-1 et seq, and applicable federal and state consumer protection laws. Offerors must certify that they have not engaged in unfair business practices, defined as discriminatory, deceptive, fraudulent, or abusive acts or patterns that have resulted in formal findings by relevant federal or state enforcement agencies within the preceding three years, or violations of criminal statutes evidenced by public enforcement orders, judgments, settlements, or convictions.

The disclosure form requires the offeror's authorized representative to provide company name, signature, printed name, title, telephone number, FAX number, email address, company address, and date of submission. By executing this certification, offerors agree to three key commitments: they certify non-participation in unfair business practices; they commit to reporting any additional unfair business practices or violations to the Central Purchasing Office during the contract term; and they acknowledge that any awarded contract may be terminated if the company engages in unfair business practices subsequent to award. This certification serves as a binding representation of the offeror's commitment to ethical business conduct throughout the performance of the contract.

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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

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