ATTACHMENT 3- FOLLOW-ON DISCLOSURE FORM.pdf
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- Attached to
- Water Technical Access Portal (WaterTAP) 2. 0
- Solicitation number
- 0000040529
- Issued by
- California
About this file
This is a Follow-On Disclosure Form attachment for a California state contract opportunity governed by Public Contract Code (PCC) Section 10365.5. The form establishes disclosure requirements for bidders regarding any prior or current consulting services provided to the state that may relate to the services, goods, or supplies being procured under the solicitation. Bidders must certify their compliance status by selecting one of two options: either declaring that neither their firm nor any intended subcontractor has provided related consulting services to the state within five years prior to the solicitation release, or providing a detailed disclosure of any such services along with an explanation of why the firm is not prohibited from bidding under PCC Section 10365.5.
PCC Section 10365.5 generally prohibits firms awarded consulting services contracts from submitting bids for or being awarded agreements for related services, goods, supplies, or other actions deemed appropriate in the consulting contract's end product. This prohibition does not apply to subcontractors whose subcontract value does not exceed 10 percent of the total consulting services agreement value, nor does it prohibit employees of consulting firms from working on follow-on contracts as employees of other firms unless they are named contracting parties. Violations of this prohibition—whether intentional, negligent, or inadvertent—can result in bidder disqualification, contract voidance, and criminal penalties. Bidders must sign the form and reference the Department of General Services' Management Memo 07-04 for additional guidance on follow-on contracting prohibitions.
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ATTACHMENT 3: FOLLOW-ON DISCLOSURE FORM
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.
ATTACHMENT 3: FOLLOW-ON DISCLOSURE FORM
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 https://www.dgs.ca.gov/Resources/ManagementMemos
| ATTACHMENT 3: FOLLOW-ON DISCLOSURE FORM |
| BACKGROUND INFORMATION |
| ATTACHMENT 3: FOLLOW-ON DISCLOSURE FORM |
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