Ethics_DisclosureInterestedParties_2018.pdf

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ADDENDUM NO. 2 ROOFING SYSTEM
Solicitation number
CRFQ 0803 DOT2100000098 3
Issued by
Nicholas County, West Virginia

About this file

This is an Ethics Commission Disclosure Form issued by the West Virginia Ethics Commission, applicable to state agencies throughout West Virginia. The document establishes mandatory disclosure requirements for business entities seeking contracts valued at $1 million or more with state agencies. The disclosure must be submitted prior to contract award and again within 30 days following contract completion or termination. The form requires contracting business entities to identify all interested parties, including subcontractors and other entities performing work under the contract, persons or entities with ownership interests of 25% or greater in the contracting entity (excluding publicly traded companies), and any compensated brokers or intermediaries that actively facilitated or negotiated contract terms with the state agency.

The disclosure form must be completed by an authorized agent of the contracting business entity and notarized under oath and penalty of perjury. State agencies receiving the disclosure are required to submit it to the West Virginia Ethics Commission. The definitions of "business entity" and "interested party" are specifically limited to exclude publicly traded companies listed on national or international stock exchanges and legal service providers involved in contract negotiation or drafting. The West Virginia Investment Management Board is explicitly exempted from these disclosure requirements. Contact information for the Ethics Commission is provided for questions regarding compliance with W. Va. Code § 6D-1-2.

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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 enter into 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 contracting 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 contracting state agency prior to contract award 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 June 8, 2018 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)

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

Name of Contracting Business Entity:
Address 1:
Name of Authorized Agent:
Contract Number:
Contract Description:
Governmental agency awarding contract:
Date Signed:
State of:
County of:
Date Received by State Agency:
Date submitted to Ethics Commission:
Address 2:
Address 3:
Name of the authorized agent:
Day:
Month:
Year:
Check Box1: Off
Check Box2: Off
Check Box3: Off
Check Box4: Off

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