ESBD_403574_1742412693110_RFP No. 2844 - Appendix E FINAL.docx

Appendix E Conflict of Interest Disclosure Statement Request for Proposal No. 2844

A. Disclosures: Provide the requested information in the space provided; indicate “N/A” as appropriate.

1. Contractor must disclose any proposed personnel who are current or recent former employees of SOS or the State of Texas.

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2. Contractor must disclose the following:

a. Any existing or potential conflict of interest or possible issues that might create appearances of impropriety relative to Contractor’s and its proposed subcontractors’ submission of a proposal, possible selection as a selected vendor, or its performance of the contract.

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b. all past and present contractual, business, financial, or personal relationships between Contractor and SOS and between Contractor’s proposed subcontractors, if any, and SOS.

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For each item, Contractor also must provide a detailed explanation of why Contractor does or does not believe such item poses a conflict of interest or appearance of impropriety issue relative to Contractor’s submission of a proposal, possible selection as a selected vendor or its performance of the Contract (including any Amendments).

B. Defined Terms: For purposes of the disclosure statements required by this RFP, the terms below are defined as follows:

· “past” is defined as within the two (2) Calendar Years prior to the deadline for submission of proposals in response to this solicitation.

· “SOS” is defined as the gubernatorial appointed state official who heads the agency as well as the agency’s employees or recent former employees.

· “recent former employees” are defined as those SOS employees who have terminated agency employment in the two (2) Calendar Years prior to the deadline for submission of proposals in response to this solicitation.

· “personal relationship” is defined as a current or past connection other than a clearly contractual, business, financial, or similar relationship and includes family relationships or other connection outside simply providing a response to this solicitation. For this purpose, “family relationship” means a relationship within the third degree of consanguinity or second degree of affinity. (See Chapter 573 of the Texas Government Code, which defines these degrees of consanguinity and affinity.) Connections other than such family relationships fall within this definition and must be disclosed if:

(a) a reasonable person could expect the connection to diminish Contractor’s independence of judgment or effectiveness in the performance of Contractor’s responsibilities to SOS or the State of Texas under the Contract (including any Amendments);

(b) a reasonable person could expect the connection within the overall context of Contractor’s submission of a proposal, possible selection as the selected vendor, or its performance of the Contract (including any Amendments), to create an issue for the agency’s consideration relative to a potential appearance of impropriety or conflict of interest; or

(c) the relationship is with an SOS or other State of Texas employee with authority to make decisions or recommendations on state contracting or procurement or this RFP. For purposes of this provision, those persons with authority to make decisions or recommendations are those persons who fall within the definition of “purchasing personnel” in Section 2262.004(a)(2) of the Texas Government Code.

C. Continuing Duty to Disclose: If circumstances change or additional information is obtained subsequent to submission of the proposal, Contractor’s duty to disclose under these provisions continues under the term of the contract and does not end with submission of a proposal or receipt of contract award.

D. Disclosures under these provisions are information that will be evaluated by SOS; however, all information provided will not necessarily lead to a restriction or disqualification. Issues will be considered on a case-by-case basis in the best interests of the State of Texas. If Contractor is in doubt about whether information should be disclosed, Contractor should consult with its legal counsel. Failure to disclose any required information under these provisions may be cause for offer disqualification or termination of the Contract (including any Amendments) resulting from this solicitation. SOS reserves the right, in its sole discretion, to determine if an issue should result in offer disqualification or termination of the contract.

Entity Name (“Contractor”)

Signature of Authorized Representative of Contractor

Printed Name and Title of Authorized Representative

Appendix E – Office of the Texas Secretary of State, Request for Proposal No. 2844