Disclosure of Interested Parties.pdf

Phone: 304-293-5711

Fax: 304-293-7694

One Waterfront Place, 3rd Floor PO Box 6024 Morgantown WV 26506-6024

Procurement, Contracting and Payment Services PaPaymentServices

Dear Valued Supplier, Pursuant to W. Va. Code Chapter 6D, Article 1, Section 4 – Higher Education Compliance- West Virginia University (WVU) may not enter into a contract, or a series of related contracts or orders, in which the cumulative total exceeds $100,000 until the business entity submits to WVU a Disclosure of Interested Parties to the applicable contract or orders. In addition, the business entity is required to update any changes to the list of interested parties of the business entity on a periodic basis.

For purposes of complying with these requirements, the following definitions apply:

“Applicable contract” means a contract of WVU that has an actual or estimated value of at least $100,000; provided, that this shall include a series of related contracts or orders in which the cumulative total exceeds $100,000.

"Business entity" means any entity recognized by law through which business is conducted, including, but not limited to, a sole proprietorship, partnership, limited liability company, or corporation. For purposes of this article, “business entity” 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 receiving $50,000 or more under an applicable contract;

(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 WVU. (This subdivision does not apply to persons or business entities performing legal services related to the negotiation or drafting of the applicable contract.)

We have determined that our current spend with your company since July 1, 2018 is exceeding $100,000. To comply with this code, we will need a Disclosure of Interested Parties from you.

Please complete the attached Disclosure Form and email to the address below:

Disclosures@mail.wvu.edu

Questions can be directed to 304-293-5711

Thank You!

https://ethics.wv.gov/SiteCollectionDocuments/Statute/2018%20W.%20Va.%20Code%206D-1-1%20through%206D-1-4.pdf

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)

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)

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 June 8, 2018