ATTACHMENT C3 - Conflict of Interest Information.pdf
PDF 112 KB Posted
- Solicitation number
- BPM058994
- Issued by
- Maryland
About this file
This is a Conflict of Interest Information attachment document for Prince George's Community College (PGCC) in Maryland, applicable to the solicitation for printing and distribution of class schedules (IFB 27-003). The document establishes requirements and procedures for disclosing potential conflicts of interest for bidders, offerors, contractors, consultants, and subcontractors at any tier who will assist the College in the formation, evaluation, selection, award, or execution of contracts. All bidders responding to solicitations that involve assisting in these activities must provide a completed conflict of interest affidavit and disclosure form with their bid or offer and at any other times requested by the Procurement Officer. The affidavit warrants that no relevant facts or circumstances exist that would create a conflict of interest, defined as situations where a person cannot render impartial assistance due to other activities or relationships, has impaired objectivity, or possesses an unfair competitive advantage.
The Procurement Officer retains authority to reject bids prior to award or terminate contracts after award if conflicts of interest are identified or if the contractor fails to disclose known or reasonably knowable conflicts. Contractors must immediately notify the Procurement Officer in writing if an actual or potential conflict of interest arises after submission of the affidavit, including a description of actions taken to mitigate or neutralize the conflict. The College may waive conflicts of interest if the Procurement Officer, with approval of the appropriate College head or designee, determines such waiver is in the College's best interest, with written documentation of the reasons and controls. Bidders are required to provide Federal Employer Identification Number (FEIN) information and execute the affidavit under penalty of perjury, affirming the truthfulness of all disclosed information.
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Text version
ATTACHMENT C3
CONFLICT OF INTEREST INFORMATION
A. Each solicitation that will result in the selection of a Contractor who will assist a unit in the formation, evaluation, selection, award, or execution of a College contract shall provide notice of the requirement of this regulation.
B. "Conflict of interest" means that, because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the College, or the person's objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage.
C. "Person" includes a bidder, offeror, Contractor, consultant or subcontractor or subconsultant at any tier, and also includes an employee or agent of any of them if the employee or agent has or will have the authority to control or supervise all or a portion of the work for which a bid or offer is made.
D. If the Procurement Officer makes a determination prior to award that facts or circumstances exist giving rise or which could in the future give rise to a conflict in interest, the procurement officer may reject a bid or offer.
E. After award the College may terminate the contract, in whole or in part, if it deems such termination necessary to avoid an actual or potential conflict of interest. If the Contractor knew or reasonably could have been expected to know of an actual or potential conflict of interest prior to or after award and did not disclose it or misrepresented relevant information to the Procurement Officer, the College may terminate the contract for default, institute proceedings to debar the Contractor from further College contracts, or pursue such other remedies as may be permitted by law or the contract.
F. A conflict of interest may be waived if the Procurement Officer, with approval of the appropriate College head or designee, determines that waiver is in the best interest of the College. The determination shall state the reasons for the waiver and any controls that avoid, mitigate, or neutralize the conflict of interest.
G. Each bidder or offeror responding to a solicitation that will result in the selection of a Contractor who will assist a unit in the formation, evaluation, selection, award, or execution of another College contract shall provide the affidavit and disclosures set forth in Subsection H of this regulation to the Procurement Officer with the bid or offer and such other times as may be required by the Procurement Officer.
H. The affidavits and disclosures required by Subsection G of this regulation shall be in substantially the same form as follows:
ATTACHMENT C3
CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE
A. "Conflict of interest" means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the College, or the person's objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage.
B. "Person" has the meaning and includes a bidder, offeror, Contractor, consultant, or subcontractor or subconsultant at any tier, and also includes an employee or agent of any of them if the employee or agent has or will have the authority to control or supervise all or a portion of the work for which a bid or offer is made.
C. The bidder or offeror warrants that, except as disclosed in D below, there are no relevant facts or circumstances now giving rise or which could, in the future, give rise to a conflict of interest.
D. The following facts or circumstances give rise or could in the future give rise to a conflict of interest (explains in detail--attach sheets if necessary):
E. The bidder or offeror agrees that if an actual or potential conflict of interest arises after the date of this affidavit, the bidder or offeror will immediately make a full disclosure in writing to the Procurement Officer of all relevant facts and circumstances. This disclosure shall include a description of actions which the bidder or offeror has taken and proposes to take to avoid, mitigate, or neutralize the actual or potential conflict of interest. If the contract has been awarded and performance of the contract has begun, the Contractor shall continue performance until notified by the Procurement Officer of any contrary action to be taken.
I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT
THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE, INFORMATION AND BELIEF.
Date: By:
Signature of Authorized Representative Printed Name:
Title:
Federal Employer Identification Number (FEIN):
| CONFLICT OF INTEREST INFORMATION |
| CONFLICT OF INTEREST AFFIDAVIT AND DISCLOSURE |
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