Clarification of questions 2.docx
DOCX document 14 KB Posted
- Attached to
- MGC Central Monitoring System
- Solicitation number
- BD-15-1068-1068C-1068L-00000001399
- Issued by
- Suffolk County, Boston City, Massachusetts
About this file
This document provides clarification from the Massachusetts Gaming Commission (MGC) regarding potential conflicts of interest for bidders on the MGC Central Monitoring System contract opportunity. The MGC states that conflict of interest determinations are made on a case-by-case basis, and that bidders should consult with their own legal counsel and the Massachusetts State Ethics Commission to evaluate their individual circumstances. The MGC outlines several factors the Ethics Commission considers in determining whether an individual employed by a private business should be considered a state employee, including the nature of the services provided, the size and structure of the business, and the individual's level of control over the contract. The document also clarifies that Massachusetts public records law does not allow for exemptions of trade secrets or confidential information related to contract bids.
The MGC Central Monitoring System is a state contract opportunity in Massachusetts. No other details about the project scope, timeline, or procurement process are provided in this document.
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Text version
Clarification of questions 2, 115, 116, 120 and Confidential Records
"Conflicts of interest are determined on a case by case basis and are fact intensive evaluations. Accordingly, the Gaming Commission cannot offer a yes or no answer to general conflict of interest inquiries. Bidders should review their respective situations with their own legal counsel, and may contact the Gaming Commission legal division or the MA State Ethics Commission to discuss individual circumstances further. In general, however, in determining whether a conflict of interest exists one should evaluate whether entering into an agreement of the sort contemplated by this RFR would render any individual (not the company as a whole) a state employee. If a person is a state employee the conflict of interest law and certain provisions of G.L. c.23K (including the Gaming Commission's Enhanced Code of Ethics) would likely be applicable. The Ethics Commission has established certain factors to determine when an employee of a private business entity should be deemed a state employee. These factors are:
1. whether the individual's services are expressly or impliedly contracted for;
2. the type and size of the business entity;
3. the degree of specialized knowledge or expertise required of the service. For example, an individual who performs highly specialized services for a corporation which contracts with a public agency to provide those services may be deemed to be performing services directly to that agency;
4. the extent to which the individual personally performs services under the contract, or controls and directs the terms of the contract or the services provided thereunder; and
5. the extent to which the person has performed similar services to the public entity in the past.
No one factor is dispositive; rather the Ethics Commission will employ a balancing test of all of the factors as applied to the circumstances."
MA public records law does not provide any exemption for trade secrets or confidential data when it is associated with applying for a contract. Therefore, please do not submit any information that would be deemed a trade secret or confidential information. Exemption g of the attached link states that we cannot keep the records as confidential.
http://www.sec.state.ma.us/pre/prepdf/guide.pdf
File details come from the government source that posted it. Updated .