ATTACHMENT B Ethics Agreement.pdf
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- Solicitation number
- IFB-125001
- Issued by
- Portsmouth City, Virginia
About this file
This is an Annual Public Procurement Ethics and Conflict of Interest Agreement document established by Virginia for use by department directors and procurement staff authorized to manage procurements at the department level. The agreement is derived from Article 6 of the Virginia Public Procurement Act and requires annual signature to ensure compliance with ethical standards in the procurement of goods and services. The form applies to all personnel with official responsibility in procurement processes, including sole source procurements, and mandates that signatories certify they have no conflicting interests with any interested firm that may participate as a supplier, subcontractor, or consultant.
The agreement establishes five primary certification requirements: (A) the signatory and immediate family members hold no officer or director positions in any interested firm; (B) no financial obligations exist between the signatory, family members, and employees or officers of interested firms; (C) no personal funds are invested in interested firms and no ownership interests are held; (D) no gifts, entertainment, lodging, transportation, or items of value have been accepted from interested firm representatives, with commitment to refuse such offerings during and after procurement; and (E) no compensation has been received from interested firms and family members have not received compensation exceeding $5,000. The agreement further requires that if any personal interest conflicts arise during any procurement process, the signatory must promptly notify the agency head or designee, voluntarily remove themselves from the process, and file necessary official disqualification documentation as required by law.
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Text version
APPENDIX B
ANNUAL PUBLIC PROCUREMENT ETHICS AND CONFLICT OF INTEREST
AGREEMENT
THIS FORM SHALL BE SIGNED AT LEAST ANNUALLY BY EACH DIRECTOR AND AT THE TIME
THE DEPARTMENT PROCUREMENT STAFF IS PROVIDED AUTHORITY TO MANAGE
PROCUREMENTS AT THE DEPARTMENT LEVEL
The procurement of goods and services by a public body from a private enterprise is a sensitive process governed by law. We must be assured that all public parties involved in the selection process do nothing to contribute to the “fact” or “appearance” of any impropriety or personal interest in the outcome of the procurement, and thus maintain public confidence in the objectivity of the evaluation process. To better make you aware of the sensitivity of public procurements, each person having official responsibility with the procurement shall be required to agree and comply with the following statements derived from Article 6, Ethics in Public Contracting, Virginia Public Procurement Act, and other laws and policy.
For purposes of the statements below, an “interested firm” includes any firm that may realize a reasonably foreseeable direct or indirect benefit or detriment as a result of the procurement. At a minimum, this includes any business entity that foreseeably may participate as a supplier, subcontractor, or consultant to such a vendor in connection with the procurement.
A. I certify that I am not an officer or director of any interested firm. Similarly, no member of my immediate family is an officer or director of any interested firm.
B. I certify that neither I nor any member of my immediate family owes any money or other obligation to any employee or officer of any interested firm.
C. I certify that I do not have any funds invested in any interested firm. Similarly, neither I nor any member of my immediate family own or control an interest in any interested firm.
D. I certify that neither I, nor any member of my immediate family, received lodging, entertainment, transportation, money, or anything else of nominal value offered by an employee or officer of any interested firm. (This includes tickets to sporting events or shows, meals or lodging, gifts, etc.). During and after the procurement process, I will not accept any of the forgoing from any employee or officer of any interested firm.
E. I certify that I have not received any compensation from any interested firm. No member of my immediate family has received compensation, salary, or wages in excess of $5,000 from any interested firm.
If at any time during any procurement process, including any sole source procurement process, I find that I, a member of my staff, or any member of my immediate family, have a personal interest in any interested firm, then I will promptly notify the agency head or designee and voluntarily remove myself from this sole source process and file any necessary official disqualification required by law.
I further agree to abide by all the policies/procedures contained in this document relative to this procurement as well as any other instructions and directions issued by the Procurement Officer.
Signature Date
Printed Name Department/Agency
Title
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