Common use of ADOT Employees Involved In Procurement Clause in Contracts

ADOT Employees Involved In Procurement. Proposers are referred to Arizona laws that make it unlawful, and a class 2 misdemeanor, for Proposers or any member of a Proposer team to offer employment to an ADOT procurement officer, procurement employee or other ADOT employee having a significant procurement role with respect to the Project, or for any such ADOT officer or employee to have discussions concerning or accept any such employment. See A.R.S. §§ 41-741, 41-753, 41-1231, 41-1233.01, 41-2501, 41-2503 and 41-2517.Proposers are also referred to Arizona laws that entitle ADOT to cancel any contract, without penalty or further obligation, within three years after the contract is executed, if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract for ADOT is or becomes, at any time the contract is in effect, an employee or agent of the other party to the contract. See A.R.S. Title 38, Chapter 3, Article 8 and, in particular, § 38-511. ADOT has adopted the following conflict of interest policies for ADOT officers and employees pursuant to such Arizona laws:  “PER-6.02 Conflict of Interest of Officers and Employees,” (effective March 13, 2009).  “Engineering Consultants Section, Contract Award and Administration Rules & Procedures” (August 2010), section 1.10 (Standards of Conduct and Conflict of Interest), items 1 through 6. ADOT may disqualify a Proposer, and refuse to enter into the P3 Agreement with the apparent best value Proposer, if it or any member of the Proposer’s team violates A.R.S. § 41-2517(C). Any such violation by the apparent best value Proposer will, in ADOT’s sole discretion, constitute a failure to execute the P3 Agreement and result in the forfeiture of the Proposers’ security. After award, ADOT may cancel the P3 Agreement, without obligation or penalty, due to violation of A.R.S. § 41-2517(C) or in accordance with A.R.S. § 38-511.

ADOT Employees Involved In Procurement. Proposers are referred to Arizona laws that make it unlawful, and a class 2 misdemeanor, for Proposers or any member of a Proposer team to offer employment to an ADOT procurement officer, procurement employee or other ADOT employee having a significant procurement role with respect to the Project, or for any such ADOT officer or employee to have discussions concerning or accept any such employment. See A.R.S. §§ 41-741, 41-753, 41-1231, 41-41- 1233.01, 41-2501, 41-2503 and 41-2517.Proposers are also referred to Arizona laws that entitle ADOT to cancel any contract, without penalty or further obligation, within three years after the contract is executed, if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract for ADOT is or becomes, at any time the contract is in effect, an employee or agent of the other party to the contract. See A.R.S. Title 38, Chapter 3, Article 8 and, in particular, § 38-511. ADOT has adopted the following conflict of interest policies for ADOT officers and employees pursuant to such Arizona laws:  • “PER-6.02 Conflict of Interest of Officers and Employees,” (effective March 13, 2009).  • “Engineering Consultants Section, Contract Award and Administration Rules & Procedures” (August 2010), section 1.10 (Standards of Conduct and Conflict of Interest), items 1 through 6. ADOT may disqualify a Proposer, and refuse to enter into the P3 Agreement with the apparent best value Proposer, if it or any member of the Proposer’s team violates A.R.S. § 41-2517(C). Any such violation by the apparent best value Proposer will, in ADOT’s sole discretion, constitute a failure to execute the P3 Agreement and result in the forfeiture of the Proposers’ security. After award, ADOT may cancel the P3 Agreement, without obligation or penalty, due to violation of A.R.S. § 41-2517(C) or in accordance with A.R.S. § 38-511.511.‌