ATTACHMENT 4- FOLLOW-ON DISCLOSURE.pdf
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- Solicitation number
- 0000039767
- Issued by
- California
About this file
This is a Follow-On Disclosure attachment for a California state contracting solicitation governed by Public Contract Code (PCC) Section 10365.5. The document establishes disclosure requirements for bidders regarding prior consulting services provided to the state. Bidders must certify either that their firm and any intended subcontractors have not provided consulting services to the state within five years prior to the solicitation release date that are related to the services being acquired, or they must provide detailed disclosure of any such prior services and explain why their firm is not prohibited from bidding under PCC Section 10365.5.
The disclosure requirement exists to prevent conflicts of interest and unfair competitive advantages. PCC Section 10365.5 generally prohibits firms awarded consulting services contracts from bidding on follow-on contracts for implementing recommendations from those consulting engagements. However, the prohibition does not apply to subcontractors providing less than 10 percent of a consulting contract's value, nor does it prohibit individual employees of consulting firms from working for other firms on follow-on contracts unless those individuals are named contracting parties. Violations of this prohibition—whether intentional, negligent, or inadvertent—may result in bidder disqualification, contract voidance, and criminal penalties. Bidders must select the appropriate certification box and provide an authorized representative's signature, printed name, title, and date.
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ATTACHMENT 4: FOLLOW-ON DISCLOSURE
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 4: FOLLOW-ON DISCLOSURE |
| 1. Background Information |
| 2. Contract Disclosure |
File details come from the government source that posted it. Updated .