Attachment J - Vendor Assurance of No Conflict of Interest or Detrimental Effect.pdf

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Attached to
Statewide Workforce Lifecycle Tracking System for Infrastructure Projects (NY Builds)
Solicitation number
2140589
Issued by
New York

About this file

This is a Vendor Assurance of No Conflict of Interest or Detrimental Effect form for the State of New York, required as part of a Request for Proposal (RFP) or contract procurement process. The form serves as an attestation from prospective contractors, joint venture contractors, subcontractors, or consultants that their performance of services will not create conflicts of interest or breach any existing contracts with the State. The vendor must affirm that proposed service fulfillment does not violate existing State agreements, does not create conflicts or perceptions thereof with current roles or responsibilities, does not compromise the firm's ability to meet obligations under other State contracts, and will not be negatively affected by other State contractual obligations. The form requires attestation that the vendor will not knowingly take actions that create conflict potential or cause detrimental impact to the State, including resource diversion between projects, and that no former State officers or employees now with the firm have improperly influenced the procurement process in violation of State Ethics Law.

The vendor must also certify that no gifts or incentives have been or will be offered to State employees, members, or directors in circumstances that could reasonably influence official performance or serve as reward for official action. The State reserves the right to review any future relationships or conflicts that may emerge and retains authority to terminate the contract for cause if a real or potential conflict of interest cannot be resolved. The form requires signature by an authorized executive or legal representative and includes spaces for name, title, signature, and date. This attestation is a standard requirement in New York State procurement and reflects the State's commitment to preventing conflicts of interest in contractor relationships.

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Vendor Assurance of No Conflict of Interest or Detrimental Effect The Firm offering to provide services pursuant to this [RFP/Contract], as a contractor, joint venture contractor, subcontractor, or consultant, attests that its performance of the services outlined in this [RFP/Contract] does not and will not create a conflict of interest with nor position the Firm to breach any other contract currently in force with the State of New York.

Furthermore, the Firm attests that it will not act in any manner that is detrimental to any State project on which the Firm is rendering services. Specifically, the Firm attests that:

1. The fulfillment of obligations by the Firm, as proposed in the response, does not violate any existing contracts or agreements between the Firm and the State;

2. The fulfillment of obligations by the Firm, as proposed in the response, does not and will not create any conflict of interest, or perception thereof, with any current role or responsibility that the Firm has with regard to any existing contracts or agreements between the Firm and the State;

3. The fulfillment of obligations by the Firm, as proposed in the response, does not and will not compromise the Firm’s ability to carry out its obligations under any existing contracts between the Firm and the State;

4. The fulfillment of any other contractual obligations that the Firm has with the State will not affect or influence its ability to perform under any contract with the State resulting from this RFP;

5. During the negotiation and execution of any contract resulting from this RFP, the Firm will not knowingly take any action or make any decision which creates a potential for conflict of interest or might cause a detrimental impact to the State as a whole including, but not limited to, any action or decision to divert resources from one State project to another;

6. In fulfilling obligations under each of its State contracts, including any contract which results from this RFP, the Firm will act in accordance with the terms of each of its State contracts and will not knowingly take any action or make any decision which might cause a detrimental impact to the State as a whole including, but not limited to, any action or decision to divert resources from one State project to another;

7. No former officer or employee of the State who is now employed by the Firm, nor any former officer or employee of the Firm who is now employed by the State, has played a role with regard to the administration of this contract procurement in a manner that may violate section 73(8)(a) of the State Ethics Law; and

8. The Firm has not and shall not offer to any employee, member or director of the State any gift, whether in the form of money, service, loan, travel, entertainment, hospitality, thing or promise, or in any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence said employee, member or director, or could reasonably be expected to influence said employee, member or director, in the performance of the official duty of said employee, member or director or was intended as a reward for any official action on the part of said employee, member or director.

Firms responding to this [RFP/Contract] should note that the State recognizes that conflicts may occur in the future because a Firm may have existing or new relationships. The State will review the nature of any such new relationship and reserves the right to terminate the contract for cause if, in its judgment, a real or potential conflict of interest cannot be cured.

Name: ____________________________ Title: _________________________

Signature: _________________________ Date: _________________________

This form must be signed by an authorized executive or legal representative.

Attachment J

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