6-RFP 50-26-SS Off-Site Record Storage and Handling Services - APPENDIX E Unfair Business Practices Disclosure Form.pdf
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- Attached to
- Off-Site Records Storage and Handling Services
- Solicitation number
- RFP 50-26-SS
- Issued by
- Bernalillo County, New Mexico
About this file
This is an Unfair Business Practices Disclosure Form submitted as Appendix E to a Request for Proposals (RFP) issued by Bernalillo County, New Mexico's Purchasing Section of the Procurement and Business Services Department for Off-Site Records Storage and Handling Services. The solicitation seeks proposals from qualified vendors to establish a Price Agreement with Bernalillo County for storing and handling County records. The disclosure form is a mandatory compliance document that requires all offerors to certify their business conduct and ethical standards prior to contract award.
The Unfair Business Practices Disclosure Form requires offerors to 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 within the preceding three years. Unfair business practices are defined as patterns of acts or practices that a relevant enforcement agency has formally found to be discriminatory, deceptive, fraudulent, abusive, or criminal in nature, as evidenced by public enforcement orders, judgments, settlements, or criminal convictions. Offerors must also commit to reporting any additional unfair business practices or violations occurring during the contract term and acknowledge that the County may terminate any awarded contract based on engagement in unfair business practices. The form requires the authorized representative to provide company name, signature, contact information, title, and company address.
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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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