DISCLOSURE OF INTERESTED PARTIES ARFQ DEP25-20 ETHEL HOLLOW.pdf
PDF 132 KB Posted
- Attached to
- AML - Ethel Hollow Phase II Site A
- Solicitation number
- ARFQ 0313 DEP2500000020 3
- Issued by
- Lincoln County, West Virginia
About this file
This is a Disclosure of Interested Parties form issued by the West Virginia Ethics Commission pursuant to W. Va. Code 6D-1-2. The form applies to state agencies awarding contracts with an actual or estimated value of $1 million or more. The document establishes mandatory disclosure requirements for business entities before commencing work on such contracts, with an additional supplemental disclosure required within 30 days of contract completion or termination. The form pertains to contract number DEP25-20 for Ethel Hollow and requires the contracting business entity to provide complete information regarding the contract number, description, and the governmental agency awarding the contract.
The disclosure form requires contracting business entities to identify three categories of interested parties: subcontractors or other entities performing work under the contract; any person or entity owning 25 percent or more of the contracting entity (excluding publicly traded companies); and any person or entity that facilitated or negotiated contract terms, excluding legal service providers. The authorized agent of the contracting business entity must complete the form under oath before a notary public, acknowledging the accuracy of the disclosure under penalty of perjury. The state agency receiving the disclosure is responsible for documenting the date received and submitting the form to the West Virginia Ethics Commission. Failure to provide the required disclosure prohibits the vendor from performing work under the contract.
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West Virginia Ethics Commission
Disclosure of Interested Parties to Contracts
Pursuant to W. Va. Code § 6D-1-2, a state agency may not allow a vendor to perform work on a contract, or a series of related contracts, that has/have an actual or estimated value of $1 million or more until the business entity submits to the state agency a Disclosure of Interested Parties to the applicable contract.
In addition, the business entity awarded a contract is obligated to submit a supplemental Disclosure of Interested Parties reflecting any new or differing interested parties to the contract within 30 days following the completion or termination of the applicable contract.
For purposes of complying with these requirements, the following definitions apply:
"Business entity" means any entity recognized by law through which business is conducted, including a sole proprietorship, partnership or corporation, but does not include publicly traded companies listed on a national or international stock exchange.
"Interested party" or “Interested parties” means:
(1) A business entity performing work or service pursuant to, or in furtherance of, the applicable contract, including specifically sub-contractors;
(2) the person(s) who have an ownership interest equal to or greater than 25% in the business entity performing work or service pursuant to, or in furtherance of, the applicable contract. (This subdivision does not apply to a publicly traded company); and
(3) the person or business entity, if any, that served as a compensated broker or intermediary to actively facilitate the applicable contract or negotiated the terms of the applicable contract with the state agency. (This subdivision does not apply to persons or business entities performing legal services related to the negotiation or drafting of the applicable contract.)
“State agency" means a board, commission, office, department or other agency in the executive, judicial or legislative branch of state government, including publicly funded institutions of higher education:
Provided, that for purposes of W. Va. Code § 6D-1-2, the West Virginia Investment Management Board shall not be deemed a state agency nor subject to the requirements of that provision.
The contracting business entity must complete this form and submit it to the state agency prior to beginning work under a contract and to complete another form within 30 days of contract completion or termination.
This form was created by the State of West Virginia Ethics Commission, 210 Brooks Street, Suite 300, Charleston, WV 25301-1804. Telephone: (304)558-0664; fax: (304)558-2169; e-mail: ethics@wv.gov;
website: www.ethics.wv.gov.
Revised April 1, 2022 mailto:ethics@wv.gov http://www.ethics.wv.gov
West Virginia Ethics Commission Disclosure of Interested Parties to Contracts
(Required by W. Va. Code § 6D-1-2)
Name of Contracting Business Entity: ____________________Address: _________________________________
Name of Authorized Agent: ____________________________ Address:
Contract Number: __________________________ Contract Description: ____________________________
Governmental agency awarding contract:
☐ Check here if this is a Supplemental Disclosure
List the Names of Interested Parties to the contract which are known or reasonably anticipated by the contracting business entity for each category below (attach additional pages if necessary):
1. Subcontractors or other entities performing work or service under the Contract
□ Check here if none, otherwise list entity/individual names below.
2. Any person or entity who owns 25% or more of contracting entity (not applicable to publicly traded entities)
□ Check here if none, otherwise list entity/individual names below.
3. Any person or entity that facilitated, or negotiated the terms of, the applicable contract (excluding legal services related to the negotiation or drafting of the applicable contract)
□ Check here if none, otherwise list entity/individual names below.
Signature: Date Signed: ______________________________
Notary Verification
State of , County of :
I, , the authorized agent of the contracting business entity listed above, being duly sworn, acknowledge that the Disclosure herein is being made under oath and under the penalty of perjury.
Taken, sworn to and subscribed before me this ______________ day of _______________________, _____.
Notary Public’s Signature
To be completed by State Agency:
Date Received by State Agency:
Date submitted to Ethics Commission:
Governmental agency submitting Disclosure:
Revised April 1, 2022
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