ATTACHMENT 3- FOLLOW-ON CONTRACT DISCLOSURE FORM.pdf

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Attached to
Governor's Office of Emergency Services (Cal OES), 9-1-1 Call Processing Equipment, RFP 26-16743 Solicitation
Solicitation number
0000039071
Issued by
Sacramento County, San Francisco City, California

About this file

This is a Follow-On Contract Disclosure Form required by the State of California under Public Contract Code Section 10365.5. The form establishes compliance requirements for bidders and their subcontractors regarding prior consulting service relationships with the state. Bidders must certify either that their firm and any proposed subcontractors have not provided consulting services to the state within five years prior to the solicitation release, or they must provide detailed disclosure of any such prior services and explain why the firm is not prohibited from bidding under PCC Section 10365.5. The form requires completion by the Bidder's Authorized Representative or Corporate Officer, including printed name, title/role, signature, and date.

PCC Section 10365.5 generally prohibits firms awarded consulting services contracts from submitting bids for follow-on agreements related to the original contract's end product, with limited exceptions for subcontractors providing no more than 10 percent of the consulting contract's total value. The prohibition does not apply to individual consultants or employees of the original consulting firm who provide services as employees of another firm on a follow-on contract, unless they are named contracting parties. Violations of this prohibition—whether intentional, negligent, or inadvertent—can result in bid disqualification, contract voidance, and criminal penalties. Bidders selecting the disclosure option must attach detailed documentation of prior consulting services and provide comprehensive explanation of compliance with the statute, with reference to Department of General Services Management Memo 07-04 for additional guidance.

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ATTACHMENT 3: FOLLOW-ON CONTRACT DISCLOSURE FORM

1. Background Information

PCC Section 10365.5 generally prohibits a person, firm, or subsidiary thereof that has been awarded a consulting services contract from submitting a bid for and/or being awarded an agreement for, the provision of services, procurement of goods or supplies, or any other related action that is required, suggested, or otherwise deemed appropriate in the end product of a consulting services contract.

PCC Section 10365.5 does not apply to any person, firm, or subsidiary thereof that is awarded a subcontract of a consulting services agreement that totals no more than 10 percent of the total monetary value of the consulting services agreement.

Consultants/employees of a firm that provides consulting advice under an original consulting contract are not prohibited from providing services as employees of another firm on a follow-on contract, unless the persons are named contracting parties or named parties in a subcontract of the original contract.

PCC Section 10365.5 does not distinguish between intentional, negligent, and/or inadvertent violations. A violation could result in disqualification from bidding, a void contract, and/or imposition of criminal penalties.

2. Contract Disclosure

Bidder to select the appropriate box below.

☐ I hereby certify that neither my firm nor any subcontractor that my firm intends to use under the contract resulting from this procurement, is currently providing consulting services to the state under a state contract (or as a subcontractor providing more than 10 percent of dollar value of a consulting service contract with the state) or has provided such services within five (5) years prior to the release of this solicitation that are related in any manner to the services, goods, or supplies being acquired pursuant to this solicitation.

Bidder must sign below. This option is likely to apply to bidding firms that do not currently and/or never have provided consultant services to the state.

☐ Attached is a disclosure of current and/or prior consulting services provided by my firm or a proposed subcontractor to the state under a state contract within five (5) years prior to the release of this solicitation that may be related in some manner to the services, goods, or supplies being acquired pursuant to this solicitation. In addition, provide a detailed explanation why your firm is not prohibited from bidding under PCC Section 10365.5. Please also refer to the Department of General Services’ Management Memo 07-04 for additional information regarding the follow-on contracting prohibition, which is located at https://www.dgs.ca.gov/Resources/ManagementMemos

Bidder must sign below and attach a detailed disclosure.

The Bidder's Authorized Representative or Corporate Officer:

Bidder/Firm Name:

Printed Name of Authorized Representative:

Title/Role:

Signature:

Date:

https://www.dgs.ca.gov/Resources/ManagementMemos

ATTACHMENT 3: FOLLOW-ON CONTRACT DISCLOSURE FORM
1. Background Information
2. Contract Disclosure

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