CFR 636 Sample Clauses

CFR 636. 116 - What organizational conflict of interest requirements apply to design-build projects? State statutes or policies concerning organizational conflict of interest should be specified or referenced in the design-build RFQ or RFP document as well as any contract for engineering services, inspection or technical support in the administration of the design-build contract. All design-build solicitations should address the following situations as appropriate: Consultants and/or sub-consultants who assist the owner in the preparation of a RFP document will not be allowed to participate as an offerer or join a team submitting a proposal in response to the RFP. However, a contracting agency may determine there is not an organizational conflict of interest for a consultant or sub-consultant where: The role of the consultant or sub-consultant was limited to provision of preliminary design, reports, or similar "low-level" documents that will be incorporated into the RFP, and did not include assistance in development of instructions to offerers or evaluation criteria, or Where all documents and reports delivered to the agency by the consultant or sub-consultant are made available to all offerers. All solicitations for design-build contracts, including related contracts for inspection, administration or auditing services, must include a provision which: Directs offerers attention to this subpart; States the nature of the potential conflict as seen by the owner; States the nature of the proposed restraint or restrictions (and duration) upon future contracting activities, if appropriate; Depending on the nature of the acquisition, states whether or not the terms of any proposed clause and the application of this subpart to the contract are subject to negotiation; and Requires offerers to provide information concerning potential organizational conflicts of interest in their proposals. The apparent successful offerers must disclose all relevant facts concerning any past, present or currently planned interests which may present an organizational conflict of interest. Such firms must state how their interests, or those of their chief executives, directors, key project personnel, or any proposed consultant, contractor or subcontractor may result, or could be viewed as, an organizational conflict of interest. The information may be in the form of a disclosure statement or a certification. Based upon a review of the information submitted, the owner should make a written deter...
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CFR 636. 116 - What organizational conflict of interest requirements apply to design-build projects?
Sample 1Sample 2
CFR 636. 116; or (3) compromise the interests of the City and the People of the State of New York. The Contractor further agrees that the Contract was secured without collusion or fraud and that neither any officer nor employee of the City has or shall have a financial interest in the performance of the Contract or in the supplies, Work or business to which it relates, or in any portion of the profits thereof. (See also §139-a and §139-b of the State Finance Law.)
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