Common use of Conflict of Interest; Governmental Conduct Act Clause in Contracts

Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this GSA, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSA. B. The Contractor further represents and warrants that it has complied with, and, during the term of this GSA, will continue to comply with, and that this GSA complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000. Without in anyway limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) in accordance with Section 10-16-4.3 XXXX 0000, the Contractor does not employ, has not employed, and will not employ during the term of this GSA any Agency employee while such employee was or is employed by the Agency and participating directly or indirectly in the Agency’s contracting process; 2) this GSA complies with Section 10-16-7(A) XXXX 0000 because (i) the Contractor is not a public officer or employee of the State; (ii) the Contractor is not a member of the family of a public officer or employee of the State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the State, a member of the family of a public officer or employee of the State, or a business in which a public officer or employee of the State or the family of a public officer or employee of the State has a substantial interest, public notice was given as required by Section 10-16-7(A) XXXX 0000 and this GSA was awarded pursuant to a competitive process; 3) in accordance with Section 10-16-8(A) XXXX 0000, (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State within the preceding year and whose official act directly resulted in this GSA and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the Agency's making this GSA; 4) this GSA complies with Section 10-16-9(A) XXXX 0000 because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family;

Appears in 3 contracts

Samples: Governmental Services Agreement, Governmental Services Agreement, Governmental Services Agreement

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Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000. Without in anyway limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) in accordance with Section 10-16-4.3 XXXX 0000, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Agency employee while such employee was or is employed by the Agency and participating directly or indirectly in the Agency’s contracting process; 2) this GSA Agreement complies with Section 10-16-7(A) XXXX 0000 because because (i) the Contractor is not a public officer or employee of the State; (ii) the Contractor is not a member of the family of a public officer or employee of the State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the State, a member of the family of a public officer or employee of the State, or a business in which a public officer or employee of the State or the family of a public officer or employee of the State has a substantial interest, public notice was given as required by Section 10-16-7(A) XXXX 0000 and this GSA Agreement was awarded pursuant to a competitive process; 3) in accordance with Section 10-16-8(A) XXXX 0000, (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State within the preceding year and whose official act directly resulted in this GSA Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the Agency's making this GSAAgreement; 4) this GSA Agreement complies with Section 10-16-9(A) XXXX 0000 because because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family;

Appears in 3 contracts

Samples: Roof Consultant Review Services Agreement, Roof Consultant & Construction Observation Services Agreement, Roof Consultant & Construction Observation Services Agreement

Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000. Without in anyway limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) in accordance with Section XXXX 0000, § 10-16-4.3 XXXX 00004.3, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Agency employee while such employee was or is employed by the Agency and participating directly or indirectly in the Agency’s contracting process; 2) this GSA Agreement complies with Section XXXX 0000, § 10-16-7(A) XXXX 0000 because (i) the Contractor is not a public officer or employee of the State; (ii) the Contractor is not a member of the family of a public officer or employee of the State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the State, a member of the family of a public officer or employee of the State, or a business in which a public officer or employee of the State or the family of a public officer or employee of the State has a substantial interest, public notice was given as required by Section XXXX 0000, § 10-16-7(A) XXXX 0000 and this GSA Agreement was awarded pursuant to a competitive process; 3) in accordance with Section XXXX 0000, § 10-16-8(A) XXXX 0000), (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State within the preceding year and whose official act directly resulted in this GSA Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the Agency's making this GSAAgreement; 4) this GSA Agreement complies with Section XXXX 0000, § 10-16-9(A) XXXX 0000 because 9(A)because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family; (iii) the Contractor is not a business in which a legislator or a legislator's family has a substantial interest; or (iv) if the Contractor is a legislator, a member of a legislator’s family, or a business in which a legislator or a legislator's family has a substantial interest, disclosure has been made as required by XXXX 0000, § 10-16-7(A), this Agreement is not a sole source or small purchase contract, and this Agreement was awarded in accordance with the provisions of the Procurement Code; 5) in accordance with XXXX 0000, § 10-16-13, the Contractor has not directly participated in the preparation of specifications, qualifications or evaluation criteria for this Agreement or any procurement related to this Agreement; and 6) in accordance with XXXX 0000, § 10-16-3 and § 10-16-13.3, the Contractor has not contributed, and during the term of this Agreement shall not contribute, anything of value to a public officer or employee of the Agency. C. Contractor’s representations and warranties in Paragraphs A and B of this Article 12 are material representations of fact upon which the Agency relied when this Agreement was entered into by the parties. Contractor shall provide immediate written notice to the Agency if, at any time during the term of this Agreement, Contractor learns that Contractor’s representations and warranties in Paragraphs A and B of this Article 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances. If it is later determined that Contractor’s representations and warranties in Paragraphs A and B of this Article 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances, in addition to other remedies available to the Agency and notwithstanding anything in the Agreement to the contrary, the Agency may immediately terminate the Agreement. D. All terms defined in the Governmental Conduct Act have the same meaning in this Article 12(B).

Appears in 3 contracts

Samples: Professional Services Contract, Professional Services Contract, Professional Services Contract

Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000. Without in anyway limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) in accordance with Section XXXX 0000, § 10-16-4.3 XXXX 00004.3, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Agency employee while such employee was or is employed by the Agency and participating directly or indirectly in the Agency’s contracting process; 2) this GSA Agreement complies with Section XXXX 0000, § 10-16-7(A) XXXX 0000 because (i) the Contractor is not a public officer or employee of the State; (ii) the Contractor is not a member of the family of a public officer or employee of the State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the State, a member of the family of a public officer or employee of the State, or a business in which a public officer or employee of the State or the family of a public officer or employee of the State has a substantial interest, public notice was given as required by Section XXXX 0000, § 10-16-7(A) XXXX 0000 and this GSA Agreement was awarded pursuant to a competitive process; 3) in accordance with Section XXXX 0000, § 10-16-8(A) XXXX 0000), (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State within the preceding year and whose official act directly resulted in this GSA Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the Agency's making this GSAAgreement; 4) this GSA Agreement complies with Section XXXX 0000, § 10-16-9(A) XXXX 0000 because 9(A)because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family;

Appears in 2 contracts

Samples: Professional Services Contract, General Services Contract

Conflict of Interest; Governmental Conduct Act. A. a) The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. b) The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000NMSA 1978. Without in anyway any way limiting the generality of the foregoing, the Contractor specifically represents and warrants that: (1) in accordance with Section NMSA 1978, § 10-16-4.3 XXXX 00004.3, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Agency Participating State employee while such employee was or is employed by the Agency Participating State and participating directly or indirectly in the AgencyParticipating State’s contracting process; (2) this GSA Agreement complies with Section NMSA 1978, § 10-16-7(A) XXXX 0000 because (i) the Contractor is not a public officer or employee of the Participating State; (ii) the Contractor is not a member of the family of a public officer or employee of the Participating State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the Participating State, a member of the family of a public officer or employee of the Participating State, or a business in which a public officer or employee of the Participating State or the family of a public officer or employee of the Participating State has a substantial interest, public notice was given as required by Section NMSA 1978, § 10-16-7(A) XXXX 0000 and this GSA Agreement was awarded pursuant to a competitive process; (3) in accordance with Section NMSA 1978, § 10-16-8(A) XXXX 0000), (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the Participating State within the preceding year and whose official act directly resulted in this GSA Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the Participating State whose official act, while in State the Participating State’s employment, directly resulted in the AgencyParticipating State's making this GSAAgreement; (4) this GSA Agreement complies with Section NMSA 1978, § 10-16-9(A) XXXX 0000 because 9(A)because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family; (iii) the Contractor is not a business in which a legislator or a legislator's family has a substantial interest; or (iv) if the Contractor is a legislator, a member of a legislator’s family, or a business in which a legislator or a legislator's family has a substantial interest, disclosure has been made as required by NMSA 1978, § 10-16-7(A), this Agreement is not a sole source or small purchase contract, and this Agreement was awarded in accordance with the provisions of the Procurement Code; (5) in accordance with NMSA 1978, § 10-16-13, the Contractor has not directly participated in the preparation of specifications, qualifications or evaluation criteria for this Agreement or any procurement related to this Agreement; and (6) in accordance with NMSA 1978, § 10-16-3 and § 10-16-13.3, the Contractor has not contributed, and during the term of this Agreement shall not contribute, anything of value to a public officer or employee of the Participating State. c) Contractor’s representations and warranties in paragraphs A and B of this Clause are material representations of fact upon which the Participating State relied when this Agreement was entered into by the Parties. Contractor shall provide immediate written notice to the Participating State if, at any time during the term of this Agreement, Contractor learns that Contractor’s representations and warranties in paragraphs A and B of this Clause were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances. If it is later determined that Contractor’s representations and warranties in paragraphs A and B of this Clause were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances, in addition to other remedies available to the Participating State and notwithstanding anything in the Agreement to the contrary, the Participating State may immediately terminate the Agreement. d) All terms defined in the Governmental Conduct Act have the same meaning in this Agreement.

Appears in 2 contracts

Samples: Statewide Price Agreement Amendment, Statewide Price Agreement Amendment

Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000NMSA 1978. Without in anyway limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) in accordance with Section NMSA 1978, § 10-16-4.3 XXXX 00004.3, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Agency employee while such employee was or is employed by the Agency and participating directly or indirectly in the Agency’s contracting process; 2) this GSA Agreement complies with Section NMSA 1978, § 10-16-7(A) XXXX 0000 because (i) the Contractor is not a public officer or employee of the State; (ii) the Contractor is not a member of the family of a public officer or employee of the State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the State, a member of the family of a public officer or employee of the State, or a business in which a public officer or employee of the State or the family of a public officer or employee of the State has a substantial interest, public notice was given as required by Section NMSA 1978, § 10-16-7(A) XXXX 0000 and this GSA Agreement was awarded pursuant to a competitive process; 3) in accordance with Section NMSA 1978, § 10-16-8(A) XXXX 0000), (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State within the preceding year and whose official act directly resulted in this GSA Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the Agency's making this GSAAgreement; 4) this GSA Agreement complies with Section NMSA 1978, § 10-16-9(A) XXXX 0000 because 9(A)because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family;

Appears in 2 contracts

Samples: Professional Services, Professional Services

Conflict of Interest; Governmental Conduct Act. A. a) The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. b) The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000NMSA 1978. Without in anyway any way limiting the generality of the foregoing, the Contractor specifically represents and warrants that: (1) in accordance with Section NMSA 1978, § 10-16-4.3 XXXX 00004.3, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Agency Participating State employee while such employee was or is employed by the Agency Participating State and participating directly or indirectly in the AgencyParticipating State’s contracting process; (2) this GSA Agreement complies with Section NMSA 1978, § 10-16-7(A) XXXX 0000 because (i) the Contractor is not a public officer or employee of the Participating State; (ii) the Contractor is not a member of the family of a public officer or employee of the Participating State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the State, a member of the family of a public officer or employee of the State, or a business in which a public officer or employee of the State or the family of a public officer or employee of the State has a substantial interest, public notice was given as required by Section 10-16-7(A) XXXX 0000 and this GSA was awarded pursuant to a competitive process;the (3) in accordance with Section NMSA 1978, § 10-16-8(A) XXXX 0000), (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the Participating State within the preceding year and whose official act directly resulted in this GSA Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the Participating State whose official act, while in State the Participating State’s employment, directly resulted in the AgencyParticipating State's making this GSAAgreement; (4) this GSA Agreement complies with Section NMSA 1978, § 10-16-9(A) XXXX 0000 because 9(A)because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family; (iii) the Contractor is not a business in which a legislator or a legislator's family has a substantial interest; or (iv) if the Contractor is a legislator, a member of a legislator’s family, or a business in which a legislator or a legislator's family has a substantial interest, disclosure has been made as required by NMSA 1978, § 10-16-7(A), this Agreement is not a sole source or small purchase contract, and this Agreement was awarded in accordance with the provisions of the Procurement Code; (5) in accordance with NMSA 1978, § 10-16-13, the Contractor has not directly participated in the preparation of specifications, qualifications or evaluation criteria for this Agreement or any procurement related to this Agreement; and (6) in accordance with NMSA 1978, § 10-16-3 and § 10-16-13.3, the Contractor has not contributed, and during the term of this Agreement shall not contribute, anything of value to a public officer or employee of the Participating State. c) Contractor’s representations and warranties in paragraphs A and B of this Clause are material representations of fact upon which the Participating State relied when this Agreement was entered into by the Parties. Contractor shall provide immediate written notice to the Participating State if, at any time during the term of this Agreement, Contractor learns that Contractor’s representations and warranties in paragraphs A and B of this Clause were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances. If it is later determined that Contractor’s representations and warranties in paragraphs A and B of this Clause were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances, in addition to other remedies available to the Participating State and notwithstanding anything in the Agreement to the contrary, the Participating State may immediately terminate the Agreement. d) All terms defined in the Governmental Conduct Act have the same meaning in this Agreement.

Appears in 2 contracts

Samples: Statewide Price Agreement Amendment, Statewide Price Agreement

Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000NMSA 1978. Without in anyway limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) in accordance with Section NMSA 1978, § 10-16-4.3 XXXX 00004.3, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Agency employee while such employee was or is employed by the Agency and participating directly or indirectly in the Agency’s contracting process; 2) this GSA Agreement complies with Section NMSA 1978, § 10-16-7(A) XXXX 0000 because (i) the Contractor is not a public officer or employee of the State; (ii) the Contractor is not a member of the family of a public officer or employee of the State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the State, a member of the family of a public officer or employee of the State, or a business in which a public officer or employee of the State or the family of a public officer or employee of the State has a substantial interest, public notice was given as required by Section NMSA 1978, § 10-16-7(A) XXXX 0000 and this GSA Agreement was awarded pursuant to a competitive process; 3) in accordance with Section NMSA 1978, § 10-16-8(A) XXXX 0000), (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State within the preceding year and whose official act directly resulted in this GSA Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the Agency's making this GSAAgreement; 4) this GSA Agreement complies with Section NMSA 1978, § 10-16-9(A) XXXX 0000 because 9(A)because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family; (iii) the Contractor is not a business in which a legislator or a legislator's family has a substantial interest; or (iv) if the Contractor is a legislator, a member of a legislator’s family, or a business in which a legislator or a legislator's family has a substantial interest, disclosure has been made as required by NMSA 1978, § 10-16-7(A), this Agreement is not a sole source or small purchase contract, and this Agreement was awarded in accordance with the provisions of the Procurement Code; 5) in accordance with NMSA 1978, § 10-16-13, the Contractor has not directly participated in the preparation of specifications, qualifications or evaluation criteria for this Agreement or any procurement related to this Agreement; and 6) in accordance with NMSA 1978, § 10-16-3 and § 10-16-13.3, the Contractor has not contributed, and during the term of this Agreement shall not contribute, anything of value to a public officer or employee of the Agency. C. Contractor’s representations and warranties in Paragraphs A and B of this Article 12 are material representations of fact upon which the Agency relied when this Agreement was entered into by the parties. Contractor shall provide immediate written notice to the Agency if, at any time during the term of this Agreement, Contractor learns that Contractor’s representations and warranties in Paragraphs A and B of this Article 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances. If it is later determined that Contractor’s representations and warranties in Paragraphs A and B of this Article 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances, in addition to other remedies available to the Agency and notwithstanding anything in the Agreement to the contrary, the Agency may immediately terminate the Agreement. D. All terms defined in the Governmental Conduct Act have the same meaning in this Article 12(B).

Appears in 2 contracts

Samples: Amendment for Capital Asset Valuation Services, Professional Services

Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000NMSA 1978. Without in anyway any way limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) in accordance with Section NMSA 1978, § 10-16-4.3 XXXX 00004.3, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Procuring Agency employee while such employee was or is employed by the Procuring Agency and participating directly or indirectly in the Procuring Agency’s contracting process; 2) this GSA Agreement complies with Section NMSA 1978, § 10-16-7(A) XXXX 0000 because (i) the Contractor is not a public officer or employee of the State; (ii) the Contractor is not a member of the family of a public officer or employee of the State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the State, a member of the family of a public officer or employee of the State, or a business in which a public officer or employee of the State or the family of a public officer or employee of the State has a substantial interest, public notice was given as required by Section NMSA 1978, § 10-16-7(A) XXXX 0000 and this GSA Agreement was awarded pursuant to a competitive process; 3) in accordance with Section NMSA 1978, § 10-16-8(A) XXXX 0000), (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State within the preceding year and whose official act directly resulted in this GSA Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the Procuring Agency's making this GSAAgreement; 4) this GSA Agreement complies with Section NMSA 1978, § 10-16-9(A) XXXX 0000 because 9(A)because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family;

Appears in 2 contracts

Samples: Request for Proposals, Request for Proposals

Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000. Without in anyway any way limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) in accordance with Section XXXX 0000, § 10-16-4.3 XXXX 00004.3, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Procuring Agency employee while such employee was or is employed by the Procuring Agency and participating directly or indirectly in the Procuring Agency’s contracting process; 2) this GSA Agreement complies with Section XXXX 0000, § 10-16-7(A) XXXX 0000 because (i) the Contractor is not a public officer or employee of the State; (ii) the Contractor is not a member of the family of a public officer or employee of the State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the State, a member of the family of a public officer or employee of the State, or a business in which a public officer or employee of the State or the family of a public officer or employee of the State has a substantial interest, public notice was given as required by Section XXXX 0000, § 10-16-7(A) XXXX 0000 and this GSA Agreement was awarded pursuant to a competitive process; 3) in accordance with Section XXXX 0000, § 10-16-8(A) XXXX 0000), (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State within the preceding year and whose official act directly resulted in this GSA Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the Procuring Agency's making this GSAAgreement; 4) this GSA Agreement complies with Section XXXX 0000, § 10-16-9(A) XXXX 0000 because 9(A)because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family; (iii) the Contractor is not a business in which a legislator or a legislator's family has a substantial interest; or (iv) if the Contractor is a legislator, a member of a legislator’s family, or a business in which a legislator or a legislator's family has a substantial interest, disclosure has been made as required by XXXX 0000, § 10-16-7(A), this Agreement is not a sole source or small purchase contract, and this Agreement was awarded in accordance with the provisions of the Procurement Code; 5) in accordance with XXXX 0000, § 10-16-13, the Contractor has not directly participated in the preparation of specifications, qualifications or evaluation criteria for this Agreement or any procurement related to this Agreement; and 6) in accordance with XXXX 0000, § 10-16-3 and § 10-16-13.3, the Contractor has not contributed, and during the term of this Agreement shall not contribute, anything of value to a public officer or employee of the Procuring Agency. C. Contractor’s representations and warranties in paragraphs A and B of this Clause are material representations of fact upon which the Procuring Agency relied when this Agreement was entered into by the parties. Contractor shall provide immediate written notice to the Procuring Agency if, at any time during the term of this Agreement, Contractor learns that Contractor’s representations and warranties in paragraphs A and B of this Clause were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances. If it is later determined that Contractor’s representations and warranties in paragraphs A and B of this Clause were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances, in addition to other remedies available to the Procuring Agency and notwithstanding anything in the Agreement to the contrary, the Procuring Agency may immediately terminate the Agreement. D. All terms defined in the Governmental Conduct Act have the same meaning in this Agreement.

Appears in 2 contracts

Samples: Vendor Agreement, Contract Agreement

Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000. Without in anyway limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) in accordance with Section 10-16-4.3 XXXX 0000, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Agency City employee while such employee was or is employed by the Agency City and participating directly or indirectly in the AgencyCity’s contracting process; 2) this GSA Agreement complies with Section 10-16-7(A7(B) XXXX 0000 because (i) the Contractor is not a public officer or employee of the StateCity; (ii) the Contractor is not a member of the family of a public officer or employee of the StateCity; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the StateCity, a member of the family of a public officer or employee of the StateCity, or a business in which a public officer or employee of the State City or the family of a public officer or employee of the State City has a substantial interest, public notice was given as required by Section 10-16-7(A7(B) XXXX 0000 and this GSA Agreement was awarded pursuant to a competitive process; 3) in accordance with Section 10-16-8(A8(C) XXXX 0000, (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State City within the preceding year and whose official act directly resulted in this GSA Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State City whose official act, while in State City employment, directly resulted in the AgencyCity's making this GSA;Agreement; DRAFT 4) this GSA complies in accordance with Section 10-16-9(A) 13 XXXX 0000 because (i) 0000, the Contractor is has not a legislatordirectly participated in the preparation of specifications, qualifications or evaluation criteria for this Agreement or any procurement related to this Agreement; (iiand 5) in accordance with Section 10-16-3 and Section 10-16-13.3 XXXX 0000, the Contractor has not contributed, and during the term of this Agreement shall not contribute, anything of value to a public officer or employee of the City. C. Contractor’s representations and warranties in Paragraphs A and B of this Article 12 are material representations of fact upon which the City relied when this Agreement was entered into by the parties. Contractor shall provide immediate written notice to the City if, at any time during the term of this Agreement, Contractor learns that Contractor’s representations and warranties in Paragraphs A and B of this Article 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances. If it is not a member later determined that Contractor’s representations and warranties in Paragraphs A and B of a legislator's family;this Article 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances, in addition to other remedies available to the City and notwithstanding anything in the Agreement to the contrary, the City may immediately terminate the Agreement. D. All terms defined in the Governmental Conduct Act have the same meaning in this Article 12(B).

Appears in 1 contract

Samples: Purchase Agreement

Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it Contractor presently has no interest and, during the term of this GSAAgreement’s term, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. The Contractor further represents and warrants that it Contractor has complied with, and, during the term of this GSAAgreement’s term, will shall continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter NMSA 1978, Sections 10, Article 16 XXXX 0000-16-1 through 10-16-18. Without in anyway limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) in accordance with NMSA 1978, Section 10-16-4.3 XXXX 00004.3, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Agency EMNRD employee while such employee was or is employed by the Agency EMNRD and participating directly or indirectly in the AgencyEMNRD’s contracting process; 2) this GSA Agreement complies with NMSA 1978, Section 10-16-7(A9(A) XXXX 0000 because (i) the Contractor is not a public officer or employee of the State of New Mexico (State); (ii) the Contractor is not a member of the family of a public officer or employee of the State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the State, a member of the family of a public officer or employee of the State, or a business in which a public officer or employee of the State or the family of a public officer or employee of the State has a substantial interest, public notice was given as required by NMSA 1978, Section 10-16-7(A9(A) XXXX 0000 and this GSA Agreement was awarded pursuant to a competitive process; 3) in accordance with NMSA 1978, Section 10-16-8(A) XXXX 0000), (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State within the preceding year and whose official act directly resulted in this GSA Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the AgencyEMNRD's making this GSAAgreement; 4) this GSA Agreement complies with NMSA 1978, Section 10-16-9(A) XXXX 0000 because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family; (iii) Contractor is not a business in which a legislator or a legislator's family has a substantial interest; or (iv) if Contractor is a legislator, a member of a legislator’s family, or a business in which a legislator or a legislator's family has a substantial interest, disclosure has been made as required by NMSA 1978, Section 10-16-9(A), this Agreement is not a sole source or small purchase contract, and this Agreement was awarded in accordance with the provisions of the Procurement Code; 5) in accordance with NMSA 1978, Section 10-16-13, Contractor has not directly participated in the preparation of specifications, qualifications or evaluation criteria for this Agreement or any procurement related to this Agreement; and 6) in accordance with NMSA 1978, Section 10-16-3(D), Contractor has not contributed, and during this Agreement’s term shall not contribute, anything of value to a public officer or employee of EMNRD. C. Contractor’s representations and warranties in Paragraphs A and B of this Section 12 are material representations of fact upon which EMNRD relied when EMNRD and Contractor entered this Agreement. Contractor shall provide immediate written notice to EMNRD if, at any time during this Agreement’s term, Contractor learns that Contractor’s representations and warranties in Paragraphs A and B of this Section 12 were erroneous on this Agreement’s effective date or have become erroneous by reason of new or changed circumstances occurring after this Agreement’s effective date. If EMNRD later determines that Contractor’s representations and warranties in Paragraphs A and B of this Section 12 were erroneous on this Agreement’s effective date, or have become erroneous by reason of new or changed circumstances occurring after this Agreement’s effective date, in addition to other remedies available to EMNRD and notwithstanding anything in this Agreement to the contrary, EMNRD may immediately terminate this Agreement. D. All terms defined in the Governmental Conduct Act have the same meaning in this Section 12.

Appears in 1 contract

Samples: Professional Services

Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000NMSA 1978. NASPO ValuePoint PARTICIPATING ADDENDUM WALK-IN BUILDING SUPPLIES Led by the State of Utah Without in anyway any way limiting the generality of the foregoing, the Contractor specifically represents and warrants warrants, to the best of the signatory’s knowledge, that: 1) in accordance with Section NMSA 1978, § 10-16-4.3 XXXX 00004.3, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Agency Participating State employee while such employee was or is employed by the Agency Participating State and participating directly or indirectly in the AgencyParticipating State’s contracting process; 2) this GSA Agreement complies with Section NMSA 1978, § 10-16-7(A) XXXX 0000 because (i) the Contractor is not a public officer or employee of the Participating State; (ii) the Contractor is not a member of the family of a public officer or employee of the Participating State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the Participating State, a member of the family of a public officer or employee of the Participating State, or a business in which a public officer or employee of the Participating State or the family of a public officer or employee of the Participating State has a substantial interest, public notice was given as required by Section NMSA 1978, § 10-16-7(A) XXXX 0000 and this GSA Agreement was awarded pursuant to a competitive process; 3) in accordance with Section NMSA 1978, § 10-16-8(A) XXXX 0000), (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the Participating State within the preceding year and whose official act directly resulted in this GSA Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the Participating State whose official act, while in State the Participating State’s employment, directly resulted in the AgencyParticipating State's making this GSAAgreement; 4) this GSA Agreement complies with Section NMSA 1978, § 10-16-9(A) XXXX 0000 because 9(A)because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family;

Appears in 1 contract

Samples: Statewide Price Agreement

Conflict of Interest; Governmental Conduct Act. A. a) The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. b) The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000NMSA 1978. Without in anyway any way limiting the generality of the foregoing, the Contractor specifically represents and warrants that: (1) in accordance with Section NMSA 1978, § 10-16-4.3 XXXX 00004.3, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Agency Participating State employee while such employee was or is employed by the Agency Participating State and participating directly or indirectly in the AgencyParticipating State’s contracting process; (2) this GSA Agreement complies with Section NMSA 1978, § 10-16-7(A) XXXX 0000 because (i) the Contractor is not a public officer or employee of the Participating State; (ii) the Contractor is not a member of the family of a public officer or employee of the Participating State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the Participating State, a member of the family of a public officer or employee of the Participating State, or a business in which a public officer or employee of the Participating State or the family of a public officer or employee of the Participating State has a substantial interest, public notice was given as required by Section NMSA 1978, § 10-16-7(A) XXXX 0000 and this GSA Agreement was awarded pursuant to a competitive process; (3) in accordance with Section NMSA 1978, § 10-16-8(A) XXXX 0000), (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the Participating State within the preceding year and whose official act directly resulted in this GSA Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the Participating State whose official act, while in State the Participating State’s employment, directly resulted in the AgencyParticipating State's making this GSAAgreement; (4) this GSA Agreement complies with Section NMSA 1978, § 10-16-9(A) XXXX 0000 because 9(A)because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family; (iii) the Contractor is not a business in which a legislator or a legislator's family has a substantial interest; or (iv) if the Contractor is a legislator, a member of a legislator’s family, or a business in which a legislator or NASPO ValuePoint PARTICIPATING ADDENDUM CLOUD SOLUTIONS 2016-2026 Led by the State of Utah a legislator's family has a substantial interest, disclosure has been made as required by NMSA 1978, § 10-16-7(A), this Agreement is not a sole source or small purchase contract, and this Agreement was awarded in accordance with the provisions of the Procurement Code; (5) in accordance with NMSA 1978, § 10-16-13, the Contractor has not directly participated in the preparation of specifications, qualifications or evaluation criteria for this Agreement or any procurement related to this Agreement; and (6) in accordance with NMSA 1978, § 10-16-3 and § 10-16-13.3, the Contractor has not contributed, and during the term of this Agreement shall not contribute, anything of value to a public officer or employee of the Participating State. c) Contractor’s representations and warranties in paragraphs A and B of this Clause are material representations of fact upon which the Participating State relied when this Agreement was entered into by the Parties. Contractor shall provide immediate written notice to the Participating State if, at any time during the term of this Agreement, Contractor learns that Contractor’s representations and warranties in paragraphs A and B of this Clause were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances. If it is later determined that Contractor’s representations and warranties in paragraphs A and B of this Clause were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances, in addition to other remedies available to the Participating State and notwithstanding anything in the Agreement to the contrary, the Participating State may immediately terminate the Agreement. d) All terms defined in the Governmental Conduct Act have the same meaning in this Agreement.

Appears in 1 contract

Samples: Statewide Price Agreement

Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000NMSA 1978. Without in anyway any way limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) in accordance with Section NMSA 1978, § 10-16-4.3 XXXX 00004.3, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Agency Participating Entity employee while such employee was or is employed by the Agency Participating Entity and participating directly or indirectly in the Procuring Agency’s contracting process; 2) this GSA Agreement complies with Section NMSA 1978, § 10-16-7(A) XXXX 0000 because (i) the Contractor is not a public officer or employee of the State; (ii) the Contractor is not a member of the family of a public officer or employee of the State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a NASPO ValuePoint PARTICIPATING ADDENDUM DATA COMMUNICATION PRODUCTS & SERVICES (2019-2026) Led by the State of Utah public officer or employee of the State, a member of the family of a public officer or employee of the State, or a business in which a public officer or employee of the State or the family of a public officer or employee of the State has a substantial interest, public notice was given as required by Section NMSA 1978, § 10-16-7(A) XXXX 0000 and this GSA Agreement was awarded pursuant to a competitive process; 3) in accordance with Section NMSA 1978, § 10-16-8(A) XXXX 0000), (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State within the preceding year and whose official act directly resulted in this GSA Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the Procuring Agency's making this GSAAgreement; 4) this GSA Agreement complies with Section NMSA 1978, § 10-16-9(A) XXXX 0000 because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family; (iii) the Contractor is not a business in which a legislator or a legislator's family has a substantial interest; or (iv) if the Contractor is a legislator, a member of a legislator’s family, or a business in which a legislator or a legislator's family has a substantial interest, disclosure has been made as required by NMSA 1978, § 10-16-7(A), this Agreement is not a sole source or small purchase contract, and this Agreement was awarded in accordance with the provisions of the Procurement Code; 5) in accordance with NMSA 1978, § 10-16-13, the Contractor has not directly participated in the preparation of specifications, qualifications or evaluation criteria for this Agreement, or any procurement related to this Agreement; and 6) in accordance with NMSA 1978, § 10-16-3 and § 10-16-13.3, the Contractor has not contributed, and during the term of this Agreement shall not contribute, anything of value to a public officer or employee of the Procuring Agency. C. Contractor’s representations and warranties in paragraphs A and B of this Clause are material representations of fact upon which the Participating Entity relied when this Agreement was entered into by the parties. Contractor shall provide immediate written notice to the Participating Entity if, at any time during the term of this Agreement, Contractor learns that Contractor’s representations and warranties in paragraphs A and B of this Clause were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances. If it is later determined that Contractor’s representations and warranties in paragraphs A and B of this Clause were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances, in addition to other remedies available to the Participating Entity and notwithstanding anything in the Agreement to the contrary, the Participating Entity may immediately terminate the Agreement. D. All terms defined in the Governmental Conduct Act have the same meaning in this Agreement. NASPO ValuePoint PARTICIPATING ADDENDUM DATA COMMUNICATION PRODUCTS & SERVICES (2019-2026) Led by the State of Utah

Appears in 1 contract

Samples: Statewide Price Agreement

Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000NMSA 1978. Without in anyway any way limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) in accordance with Section NMSA 1978, § 10-16-4.3 XXXX 00004.3, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Procuring Agency employee while such employee was or is employed by the Procuring Agency and participating directly or indirectly in the Procuring Agency’s 's contracting process; 2) this GSA Agreement complies with Section NMSA 1978, § 10-16-7(A) XXXX 0000 because (i) the Contractor is not a public officer or employee of the State; (ii) the Contractor is not a member of the family of a public officer or employee of the State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the State, a member of the family of a public officer or employee of the State, or a business in which a public officer or employee of the State or the family of a public officer or employee of the State has a substantial interest, public notice was given as required by Section 10-NMSA 1978, § 10- 16-7(A) XXXX 0000 and this GSA Agreement was awarded pursuant to a competitive process; 3) in accordance with Section NMSA 1978, § 10-16-8(A) XXXX 0000), (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State within the preceding year and whose official act directly resulted in this GSA Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the Procuring Agency's making this GSAAgreement; 4) this GSA Agreement complies with Section NMSA 1978, § 10-16-9(A) XXXX 0000 because 9(A)because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family; (iii) the Contractor is not a business in which a legislator or a legislator's family has a substantial interest; or (iv) if the Contractor is a legislator, a member of a legislator's family, or a business in which a legislator or a legislator's family has a substantial interest, disclosure NASPO ValuePoint PARTICIPATING ADDENDUM CLOUD SOLUTIONS 2016-2026 Led by the State of Utah has been made as required by NMSA 1978, § 10-16-7(A), this Agreement is not a sole source or small purchase contract, and this Agreement was awarded in accordance with the provisions of the Procurement Code; 5) in accordance with NMSA 1978, § 10-16-13, the Contractor has not directly participated in the preparation of specifications, qualifications or evaluation criteria for this Agreement or any procurement related to this Agreement; and 6) in accordance with NMSA 1978, § 10-16-3 and § 10-16-13.3, the Contractor has not contributed, and during the term of this Agreement shall not contribute, anything of value to a public officer or employee of the Procuring Agency. C. Contractor's representations and warranties in paragraphs A and B of this Clause are material representations of fact upon which the Procuring Agency relied when this Agreement was entered into by the parties. Contractor shall provide immediate written notice to the Procuring Agency if, at any time during the term of this Agreement, Contractor learns that Contractor's representations and warranties in paragraphs A and B of this Clause were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances. If it is later determined that Contractor's representations and warranties in paragraphs A and B of this Clause were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances, in addition to other remedies available to the Procuring Agency and notwithstanding anything in the Agreement to the contrary, the Procuring Agency may immediately terminate the Agreement. D. All terms defined in the Governmental Conduct Act have the same meaning in this Agreement.

Appears in 1 contract

Samples: Statewide Price Agreement

Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000NMSA 1978. Without in anyway limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) . in accordance with Section 10-16-4.3 XXXX 0000NMSA 1978, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Agency HSD employee while such employee was or is employed by the Agency HSD and participating directly or indirectly in the AgencyHSD’s contracting process; 2) . this GSA Agreement complies with Section 10-16-7(A) XXXX 0000 NMSA 1978 because (i) the Contractor is not a public officer or employee of the State; (ii) the Contractor is not a member of the family of a public officer or employee of the State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the State, a member of the family of a public officer or employee of the State, or a business in which a public officer or employee of the State or the family of a public officer or employee of the State has a substantial interest, public notice was given as required by Section 10-16-7(A) XXXX 0000 NMSA 1978 and this GSA Agreement was awarded pursuant to a competitive process; 3) . in accordance with Section 10-16-8(A) XXXX 0000NMSA 1978, (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State within the preceding year and whose official act directly resulted in this GSA Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the AgencyHSD's making this GSAAgreement; 4) . this GSA Agreement complies with Section 10-16-9(A) XXXX 0000 NMSA 1978 because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family; (iii) the Contractor is not a business in which a legislator or a legislator's family has a substantial interest; or (iv) if the Contractor is a legislator, a member of a legislator’s family, or a business in which a legislator or a legislator's family has a substantial interest, disclosure has been made as required by Section 10-16-9(A) NMSA 1978, this Agreement is not a sole source or small purchase contract, and this Agreement was awarded in accordance with the provisions of the Procurement Code; 5. in accordance with Section 10-16-13 NMSA 1978, the Contractor has not directly participated in the preparation of specifications, qualifications or evaluation criteria for this Agreement or any procurement related to this Agreement; and 6. in accordance with Section 10-16-3 and Section 10-16-13.3 NMSA 1978, the Contractor has not contributed, and during the term of this Agreement shall not contribute, anything of value to a public officer or employee of the HSD. C. Contractor’s representations and warranties in Paragraphs A and B of this Article 12 are material representations of fact upon which the HSD relied when this Agreement was entered into by the parties. Contractor shall provide immediate written notice to the HSD if, at any time during the term of this Agreement, Contractor learns that Contractor’s representations and warranties in Paragraphs A and B of this Article 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances. If it is later determined that Contractor’s representations and warranties in Paragraphs A and B of this Article 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances, in addition to other remedies available to the HSD and notwithstanding anything in the Agreement to the contrary, the HSD may immediately terminate the Agreement. D. All terms defined in the Governmental Conduct Act have the same meaning in this Article 12(B).

Appears in 1 contract

Samples: Professional Services Contract

Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, and Article 16 XXXX 0000. Without in anyway limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) in accordance with Section 10-16-4.3 XXXX 0000, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Agency NMHIX employee while such employee was or is employed by the Agency NMHIX and participating directly or indirectly in the Agency’s NMHIX's contracting process; 2) this GSA Agreement complies with Section 10-16-7(A) XXXX 0000 because (i) the Contractor is not a public officer or employee of the State; (ii) the Contractor is not a member of the family of a public officer or employee of the StateNMHIX; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the State, a member of the family of a public officer or employee of the StateNMHIX, or a business in which a public officer or an employee of the State or the family of a public officer or employee of the State NMHIX has a substantial interest, public notice was given as required by Section 10-16-7(A) XXXX 0000 and this GSA Agreement was awarded pursuant to a competitive process; 3) in accordance with Section 10-16-8(A) XXXX 0000, (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State NMHIX within the preceding year and whose official act directly resulted in this GSA and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the Agency's making this GSA;Agreement. 4) this GSA Agreement complies with Section 10-16-9(A) XXXX 0000 because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family; (iii) the Contractor is not a business in which a legislator or a legislator's family has a substantial interest; or (iv) if the Contractor is a legislator, a member of a legislator’s family, or a business in which a legislator or a legislator's family has a substantial interest, disclosure has been made as required by Section 10-16-9(A) XXXX 0000, this Agreement is not a sole source or small purchase contract, and this Agreement was awarded in accordance with the provisions of the Procurement Code; 5) in accordance with Section 10-16-13 XXXX 0000, the Contractor has not directly participated in the preparation of specifications, qualifications or evaluation criteria for this Agreement or any procurement related to this Agreement; and 6) in accordance with XXXX 0000 Section 10-16-3 and 10-16-13.3, the Contractor has not contributed, and during the term of this Agreement shall not contribute, anything of value to a public officer or employee of the NMHIX. C. The Contractor’s representations in Sections A and B of this Paragraph 12 are material representations of fact upon which NMHIX relied when this Agreement was entered into by the parties. The Contractor shall provide immediate written notice to NMHIX if, at any time during the term of this Agreement, the Contractor learns that the Contractor’s representations in Sections A and B of this Paragraph 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances. If it is later determined that the Contractor’s representations in Sections A and B of this Paragraph 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances, in addition to other remedies available to NMHIX and notwithstanding anything in the Agreement to the contrary, NMHIX may immediately terminate the Agreement. D. All terms defined in the Governmental Conduct Act have the same meaning in this Paragraph 12(B). E. The Contractor shall provide immediate written notice to NMHIX if, at any time during the term of this Agreement, the Contractor becomes aware of circumstances that suggest a potential conflict of interest or the appearance of impropriety.

Appears in 1 contract

Samples: Contractor Agreement

Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this GSAofthis Agreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the ofthe Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000NMSA 1978. Without in anyway any way limiting the generality of the ofthe foregoing, the Contractor specifically represents and warrants that: 1) in accordance with Section NMSA 1978, § 10-16-4.3 XXXX 00004.3, the Contractor does not employ, has not employed, and will not employ during the term of this GSA ofthis Agreement any Procuring Agency employee while such employee was or is employed by the Procuring Agency and participating directly or indirectly in the Procuring Agency’s 's contracting process; 2) this GSA Agreement complies with Section NMSA 1978, § 10-16-7(A) XXXX 0000 because (i) the Contractor is not a public officer or employee of the ofthe State; (ii) the Contractor is not a member of the ofthe family of a ofa public officer or employee of the ofthe State; (iii) the Contractor is not a business in which a public officer or employee or the family of a ofa public officer or employee has a substantial interest; or (iv) if the ifthe Contractor is a public officer or employee of the ofthe State, a member of the ofthe family of a ofa public officer or employee of the ofthe State, or a business in which a public officer or employee of the ofthe State or the family of a ofa public officer or employee of the ofthe State has a substantial interest, public notice was given as required by Section 10NMSA 1978, § I 0-16-7(A) XXXX 0000 and this GSA Agreement was awarded pursuant to a competitive process; 3) in accordance with Section 10-16NMSA 1978, § 10- l 6-8(A) XXXX 0000), (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State within the preceding year and whose official act directly resulted in this GSA Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the Procuring Agency's making this GSAAgreement; 4) this GSA Agreement complies with Section NMSA 1978,§ 10-16-9(A) XXXX 0000 because 9(A)because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family; (iii) the Contractor is not a business in which a legislator or a legislator's family has a substantial interest; or (iv) if the Contractor is a legislator, a member of a legislator's family, or a business in which a legislator or a legislator's family has a substantial interest, disclosure has been made as required by NMSA 1978,§ 10-16-7(A), this Agreement is not a sole source or small purchase contract, and this Agreement was awarded in accordance with the provisions of the Procurement Code; 5) in accordance with NMSA 1978,§ 10-16-13, the Contractor has not directly participated in the preparation of specifications, qualifications or evaluation criteria for this Agreement or any procurement related to this Agreement; and 6) in accordance with NMSA 1978,§ 10-16-3 and§ 10-16-13.3, the Contractor has not contributed, and during the term of this Agreement shall not contribute, anything of value to a public officer or employee of the Procuring Agency. C. Contractor's representations and warranties in paragraphs A and B of this Clause are material representations of fact upon which the Procuring Agency relied when this Agreement was entered into by the parties. Contractor shall provide immediate written notice to the Procuring Agency if, at any time during the term of this Agreement, Contractor learns that Contractor's representations and warranties in paragraphs A and B ofthis Clause were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances. If it is later determined that Contractor's representations and warranties in paragraphs A and B of this Clause were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances, in addition to other remedies available to the Procuring Agency and notwithstanding anything in the Agreement to the contrary, the Procuring Agency may immediately terminate the Agreement. D. All terms defined in the Governmental Conduct Act have the same meaning in this Agreement.

Appears in 1 contract

Samples: Statewide Price Agreement

Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSA. B. Agreement. The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000. Without in anyway any way limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) : in accordance with Section XXXX 0000, § 10-16-4.3 XXXX 00004.3, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Agency Owner and Co-Owner employee while such employee was or is employed by the Agency Owner and Co-Owner and participating directly or indirectly in the AgencyOwner and Co-Owner’s contracting process; 2) ; this GSA Agreement complies with Section XXXX 0000, § 10-16-7(A) XXXX 0000 because (i) the Contractor is not a public officer or employee of the State; (ii) the Contractor is not a member of the family of a public officer or employee of the State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the State, a member of the family of a public officer or employee of the State, or a business in which a public officer or employee of the State or the family of a public officer or employee of the State has a substantial interest, public notice was given as required by Section XXXX 0000, § 10-16-7(A) XXXX 0000 and this GSA Agreement was awarded pursuant to a competitive process; 3) ; in accordance with Section XXXX 0000, § 10-16-8(A) XXXX 0000), (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State within the preceding year and whose official act directly resulted in this GSA Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the AgencyOwner and Co-Owner 's making this GSA; 4) Agreement; this GSA Agreement complies with Section XXXX 0000, § 10-16-9(A) XXXX 0000 because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family;; (iii) the Contractor is not a business in which a legislator or a legislator's family has a substantial interest; or (iv) if the Contractor is a legislator, a member of a legislator’s family, or a business in which a legislator or a legislator's family has a substantial interest, disclosure has been made as required by XXXX 0000, § 10-16-7(A), this Agreement is not a sole source or small purchase contract, and this Agreement was awarded in accordance with the provisions of the Procurement Code; in accordance with XXXX 0000, § 10-16-13, the Contractor has not directly participated in the preparation of specifications, qualifications or evaluation criteria for this Agreement or any procurement related to this Agreement; and in accordance with XXXX 0000, § 10-16-3 and § 10-16-13.3, the Contractor has not contributed, and during the term of this Agreement shall not contribute, anything of value to a public officer or employee of Owner and Co-Owner. Contractor’s representations and warranties in this Clause are material representations of fact upon which Owner and Co-Owner relied when this Agreement was entered into by the Parties. Contractor shall provide immediate written notice to Owner and Co-Owner if, at any time during the term of this Agreement, Contractor learns that Contractor’s representations and warranties in this Clause were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances. If it is later determined that Contractor’s representations and warranties in this Clause were erroneous on the effective date of this Agreement, or have become erroneous by reason of new or changed circumstances, in addition to other remedies available to Owner and Co-Owner, and notwithstanding anything in the Agreement to the contrary, Owner and Co-Owner may immediately terminate the Agreement. All terms defined in the Governmental Conduct Act have the same meaning in this Agreement.

Appears in 1 contract

Samples: Construction Contract

Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000. Without in anyway limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) in accordance with Section 10-16-4.3 XXXX 0000, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Agency County employee while such employee was or is employed by the Agency County and participating directly or indirectly in the AgencyCounty’s contracting process; 2) this GSA Agreement complies with Section 10-16-7(A7(B) XXXX 0000 because (i) the Contractor is not a public officer or employee of the StateCounty; (ii) the Contractor is not a member of the family of a public officer or employee of the StateCounty; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the StateCounty, a member of the family of a public officer or employee of the StateCounty, or a business in which a public officer or employee of the State County or the family of a public officer or employee of the State County has a substantial interest, public notice was given as required by Section 10-16-7(A7(B) XXXX 0000 and this GSA Agreement was awarded pursuant to a competitive process; 3) in accordance with Section 10-16-8(A8(C) XXXX 0000, (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State County within the preceding year and whose official act directly resulted in this GSA and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the Agency's making this GSA; 4) this GSA complies with Section 10-16-9(A) XXXX 0000 because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family;Agreement and

Appears in 1 contract

Samples: Professional Services

Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, and Article 16 XXXX 0000. Without in anyway limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) in accordance with Section 10-16-4.3 XXXX 0000, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Agency NMHIX employee while such employee was or is employed by the Agency NMHIX and participating directly or indirectly in the Agency’s NMHIX's contracting process; 2) this GSA Agreement complies with Section 10-16-7(A) XXXX 0000 because (i) the Contractor is not a public officer or employee of the State; (ii) the Contractor is not a member of the family of a public officer or employee of the StateNMHIX; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the State, a member of the family of a public officer or employee of the StateNMHIX, or a business in which a public officer or an employee of the State or the family of a public officer or employee of the State NMHIX has a substantial interest, public notice was given as required by Section 10-16-7(A) XXXX 0000 and this GSA Agreement was awarded pursuant to a competitive process; 3) in accordance with Section 10-16-8(A) XXXX 0000, (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State NMHIX within the preceding year and whose official act directly resulted in this GSA and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the Agency's making this GSA;Agreement. 4) this GSA Agreement complies with Section 10-16-9(A) XXXX 0000 because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family; (iii) the Contractor is not a business in which a legislator or a legislator's family has a substantial interest; or (iv) if the Contractor is a legislator, a member of a legislator’s family, or a business in which a legislator or a legislator's family has a substantial interest, disclosure has been made as required by Section 10-16-9(A) XXXX 0000, this Agreement is not a sole source or small purchase contract, and this Agreement was awarded in accordance with the provisions of the Procurement Code; 5) in accordance with Section 10-16-13 XXXX 0000, the Contractor has not directly participated in the preparation of specifications, qualifications or evaluation criteria for this Agreement or any procurement related to this Agreement; and 6) in accordance with XXXX 0000 Section 10-16-3 and 10-16-13.3, the Contractor has not contributed, and during the term of this Agreement shall not contribute, anything of value to a public officer or employee of the NMHIX. C. The Contractor further represents that it has complied with, and, during the term of this Agreement, will continue to comply with all federal provisions related to conflicts of interest, including but not limited to those contained in 45 C.F.R. 92.36, the Affordable Care Act, and the HHS Grants Policy Statement, published January 1, 2007. D. The Contractor’s representations in Sections A, B, and C of this Paragraph 12 are material representations of fact upon which NMHIX relied when this Agreement was entered into by the parties. The Contractor shall provide immediate written notice to NMHIX if, at any time during the term of this Agreement, the Contractor learns that the Contractor’s representations in Sections A, B, or C of this Paragraph 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances. If it is later determined that the Contractor’s representations in Sections A, B, and C of this Paragraph 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances, in addition to other remedies available to NMHIX and notwithstanding anything in the Agreement to the contrary, NMHIX may immediately terminate the Agreement. E. The Contractor shall provide immediate written notice to NMHIX if, at any time during the term of this Agreement, the Contractor becomes aware of circumstances that suggest a potential conflict of interest or the appearance of impropriety.

Appears in 1 contract

Samples: Contractor Agreement

Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, and Article 16 XXXX 0000. Without in anyway limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) . in accordance with Section 10-16-4.3 XXXX 0000, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Agency HSD employee while such employee was or is employed by the Agency HSD and participating directly or indirectly in the AgencyHSD’s contracting process; 2) . this GSA Agreement complies with Section 10-16-7(A) XXXX 0000 because (i) the Contractor is not a public officer or employee of the State; (ii) the Contractor is not a member of the family of a public officer or employee of the State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the State, a member of the family of a public officer or employee of the State, or a business in which a public officer or employee of the State or the family of a public officer or employee of the State has a substantial interest, public notice was given as required by Section 10-16-7(A) XXXX 0000 and this GSA Agreement was awarded pursuant to a competitive process; 3) . in accordance with Section 10-16-8(A) XXXX 0000, (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State within the preceding year and whose official act directly resulted in this GSA Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the AgencyHSD's making this GSAAgreement; 4) . this GSA Agreement complies with Section 10-16-9(A) XXXX 0000 because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family;

Appears in 1 contract

Samples: Professional Services Contract

Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000. Without in anyway limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) in accordance with Section XXXX 0000, § 10-16-4.3 XXXX 00004.3, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Agency CNM employee while such employee was or is employed by the Agency CNM and participating directly or indirectly in the AgencyCNM’s contracting process; 2) this GSA Agreement complies with Section XXXX 0000, § 10-16-7(A) XXXX 0000 because (i) the Contractor is not a public officer or employee of the State; (ii) the Contractor is not a member of the family of a public officer or employee of the State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the State, a member of the family of a public officer or employee of the State, or a business in which a public officer or employee of the State or the family of a public officer or employee of the State has a substantial interest, public notice was given as required by Section XXXX 0000, § 10-16-7(A) XXXX 0000 and this GSA Agreement was awarded pursuant to a competitive process; 3) in accordance with Section XXXX 0000, § 10-16-8(A) XXXX 0000), (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State within the preceding year and whose official act directly resulted in this GSA Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the AgencyCNM's making this GSAAgreement; 4) this GSA Agreement complies with Section XXXX 0000, § 10-16-9(A) XXXX 0000 because 9(A)because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family;; (iii) the Contractor is not a business in which a legislator or a legislator's family has a substantial interest; or (iv) if the Contractor is a legislator, a member of a legislator’s family, or a business in which a legislator or a legislator's family has a substantial interest, disclosure has been made as required by XXXX 0000, § 10-16-7(A). 5) in accordance with XXXX 0000, § 10-16-13, the Contractor has not directly participated in the preparation of specifications, qualifications or evaluation criteria for this Agreement or any procurement related to this Agreement; and 6) in accordance with XXXX 0000, § 10-16-3 and § 10-16-13.3, the Contractor has not contributed, and during the term of this Agreement shall not contribute, anything of value to a public officer or employee of the Agency. C. Contractor’s representations and warranties in Paragraphs A and B of this Article 22 are material representations of fact upon which CNM relied when this Agreement was entered into by the parties. Contractor shall provide immediate written notice to CNM if, at any time during the term of this Agreement, Contractor learns that Contractor’s representations and warranties in Paragraphs A and B of this Article 22 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances. If it is later determined that Contractor’s representations and warranties in Paragraphs A and B of this Article 22 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances, in addition to other remedies available to the Agency and notwithstanding anything in the Agreement to the contrary, the Agency may immediately terminate the Agreement. D. All terms defined in the Governmental Conduct Act have the same meaning in this Article 22. SECTION 1: CONTRACTOR INFORMATION Contractor Name: E-mail Address: Phone: Mailing Address: City, State, Zip: SECTION 2: DEPARTMENT INFORMATION Department Name: Contact Person: Phone Number: E-mail Address: SECTION 3: CONTRACT TERM Date Effective: As of the date set forth below upon which it is executed by the CNM Purchasing Department. Termination Effective:

Appears in 1 contract

Samples: Professional Services

Conflict of Interest; Governmental Conduct Act. A. a) The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. b) The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000NMSA 1978. Without in anyway any way limiting the generality of the foregoing, the Contractor specifically represents and warrants that: (1) in accordance with Section NMSA 1978, § 10-16-4.3 XXXX 00004.3, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Agency Participating State employee while such employee was or is employed by the Agency Participating State and participating directly or indirectly in the AgencyParticipating State’s contracting process; (2) this GSA Agreement complies with Section NMSA 1978, § 10-16-7(A) XXXX 0000 because (i) the Contractor is not a public officer or employee of the Participating State; (ii) the Contractor is not a member of the family of a public officer or employee of the Participating State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the Participating State, a member of the family of a public officer or employee of the Participating State, or a business in which a public officer or employee of the Participating State or the family of a public officer or employee of the State has a substantial interestCOMPUTER EQUIPMENT, public notice was given as required by Section 10-16-7(A) XXXX 0000 and this GSA was awarded pursuant to a competitive process;PERIPHERALS & RELATED SERVICES (3) in accordance with Section NMSA 1978, § 10-16-8(A) XXXX 0000), (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the Participating State within the preceding year and whose official act directly resulted in this GSA Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the Participating State whose official act, while in State the Participating State’s employment, directly resulted in the AgencyParticipating State's making this GSAAgreement; (4) this GSA Agreement complies with Section NMSA 1978, § 10-16-9(A) XXXX 0000 because 9(A)because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family; (iii) the Contractor is not a business in which a legislator or a legislator's family has a substantial interest; or (iv) if the Contractor is a legislator, a member of a legislator’s family, or a business in which a legislator or a legislator's family has a substantial interest, disclosure has been made as required by NMSA 1978, § 10-16-7(A), this Agreement is not a sole source or small purchase contract, and this Agreement was awarded in accordance with the provisions of the Procurement Code; (5) in accordance with NMSA 1978, § 10-16-13, the Contractor has not directly participated in the preparation of specifications, qualifications or evaluation criteria for this Agreement or any procurement related to this Agreement; and (6) in accordance with NMSA 1978, § 10-16-3 and § 10-16-13.3, the Contractor has not contributed, and during the term of this Agreement shall not contribute, anything of value to a public officer or employee of the Participating State. c) Contractor’s representations and warranties in paragraphs A and B of this Clause are material representations of fact upon which the Participating State relied when this Agreement was entered into by the Parties. Contractor shall provide immediate written notice to the Participating State if, at any time during the term of this Agreement, Contractor learns that Contractor’s representations and warranties in paragraphs A and B of this Clause were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances. If it is later determined that Contractor’s representations and warranties in paragraphs A and B of this Clause were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances, in addition to other remedies available to the Participating State and notwithstanding anything in the Agreement to the contrary, the Participating State may immediately terminate the Agreement. d) All terms defined in the Governmental Conduct Act have the same meaning in this Agreement.

Appears in 1 contract

Samples: Statewide Price Agreement

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Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000. Without in anyway limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) in accordance with Section 10-16-4.3 XXXX 0000, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Agency employee while such employee was or is employed by the Agency and participating directly or indirectly in the Agency’s contracting process; 2) this GSA Agreement complies with Section 10-16-7(A) XXXX 0000 because because (i) the Contractor is not a public officer or employee of the State; (ii) the Contractor is not a member of the family of a public officer or employee of the State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the State, a member of the family of a public officer or employee of the State, or a business in which a public officer or employee of the State or the family of a public officer or employee of the State has a substantial interest, public notice was given as required by Section 10-16-7(A) XXXX 0000 and this GSA Agreement was awarded pursuant to a competitive process; 3) in accordance with Section 10-16-8(A) XXXX 0000, (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State within the preceding year and whose official act directly resulted in this GSA Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the Agency's making this GSAAgreement; 4) this GSA Agreement complies with Section 10-16-9(A) XXXX 0000 because because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family;

Appears in 1 contract

Samples: Broadband Fiber Optics/Internet Systems Services Agreement

Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000. Without in anyway limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) in accordance with Section 10-16-4.3 XXXX 0000, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Agency City employee while such employee was or is employed by the Agency City and participating directly or indirectly in the AgencyCity’s contracting process; 2) this GSA Agreement complies with Section 10-16-7(A7(B) XXXX 0000 because (i) the Contractor is not a public officer or employee of the StateCity; (ii) the Contractor is not a member of the family of a public officer or employee of the StateCity; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the StateCity, a member of the family of a public officer or employee of the StateCity, or a business in which a public officer or employee of the State City or the family of a public officer or employee of the State City has a substantial interest, public notice was given as required by Section 10-16-7(A7(B) XXXX 0000 and this GSA Agreement was awarded pursuant to a competitive process; 3) in accordance with Section 10-16-8(A8(C) XXXX 0000, (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State City within the preceding year and whose official act directly resulted in this GSA Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State City whose official act, while in State City employment, directly resulted in the AgencyCity's making this GSAAgreement; 4) this GSA complies in accordance with Section 10-16-9(A) 13 XXXX 0000 because (i) 0000, the Contractor is has not a legislatordirectly participated in the preparation of specifications, qualifications or evaluation criteria for this Agreement or any procurement related to this Agreement; (iiand 5) in accordance with Section 10-16-3 and Section 10-16-13.3 XXXX 0000, the Contractor has not contributed, and during the term of this Agreement shall not contribute, anything of value to a public officer or employee of the City. draft C. Contractor’s representations and warranties in Paragraphs A and B of this Article 12 are material representations of fact upon which the City relied when this Agreement was entered into by the parties. Contractor shall provide immediate written notice to the City if, at any time during the term of this Agreement, Contractor learns that Contractor’s representations and warranties in Paragraphs A and B of this Article 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances. If it is not a member later determined that Contractor’s representations and warranties in Paragraphs A and B of a legislator's family;this Article 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances, in addition to other remedies available to the City and notwithstanding anything in the Agreement to the contrary, the City may immediately terminate the Agreement. D. All terms defined in the Governmental Conduct Act have the same meaning in this Article 12(B).

Appears in 1 contract

Samples: Purchase Agreement

Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000. Without in anyway limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) in accordance with Section 10-16-4.3 XXXX 0000, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Agency District employee while such employee was or is employed by the Agency District and participating directly or indirectly in the AgencyDistrict’s contracting process; 2) this GSA Agreement complies with Section 10-16-7(A) XXXX 0000 because (i) the Contractor is not a public officer or employee of the State; (ii) the Contractor is not a member of the family of a public officer or employee of the State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the State, a member of the family of a public officer or employee of the State, or a business in which a public officer or employee of the State or the family of a public officer or employee of the State has a substantial interest, public notice was given as required by Section 10-16-7(A) XXXX 0000 and this GSA Agreement was awarded pursuant to a competitive process; 3) in accordance with Section 10-16-8(A) XXXX 0000, (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State within the preceding year and whose official act directly resulted in this GSA Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the AgencyDistrict's making this GSAAgreement; 4) this GSA Agreement complies with Section 10-16-9(A) XXXX 0000 because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family; (iii) the Contractor is not a business in which a legislator or S a legislator's family has a substantial interest; or (iv) if the Contractor is a legislator, a member of a legislator’s family, or a business in which a legislator or a legislator's family has a substantial interest, disclosure has been made as required by Section 10-16-9(A) XXXX 0000, this Agreement is not a sole source or small purchase contract, and this Agreement was awarded in accordance with the provisions of the Procurement Code; 5) in accordance with Section 10-16-13 XXXX 0000, the Contractor has not directly participated in the preparation of specifications, qualifications or evaluation criteria for this Agreement or any procurement related to this Agreement; and 6) in accordance with Section 10-16-3 and Section 10-16-13.3 XXXX 0000, the Contractor has not contributed, and during the term of this Agreement shall not contribute, anything of value to a public officer or employee of the District. C. Contractor’s representations and warranties in Paragraphs A and B of this Section 11 are material representations of fact upon which the District relied when this Agreement was entered into by the parties. Contractor shall provide immediate written notice to the District if, at any time during the term of this Agreement, Contractor learns that Contractor’s representations and warranties in Paragraphs A and B of this Section 11 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances. If it is later determined that Contractor’s representations and warranties in Paragraphs A and B of this Section 11 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances, in addition to other remedies available to the District and notwithstanding anything in the Agreement to the contrary, the District may immediately terminate the Agreement. D. All terms defined in the Governmental Conduct Act have the same meaning in this Section 11(B). OCI Attachment 2014 is attached to this Contract and is incorporated herein to the same extent as if it has been set out verbatim in this Section 11.

Appears in 1 contract

Samples: Broadband Fiber Optics/Internet Systems Services Agreement

Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000NMSA 1978. Without in anyway any way limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) in accordance with Section NMSA 1978, § 10-16-4.3 XXXX 00004.3, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Procuring Agency employee while such employee was or is employed by the Procuring Agency and participating directly or indirectly in the Procuring Agency’s contracting process; 2) this GSA Agreement complies with Section NMSA 1978, § 10-16-7(A) XXXX 0000 because (i) the Contractor is not a public officer or employee of the State; (ii) the Contractor is not a member of the family of a public officer or employee of the State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the State, a member of the family of a public officer or employee of the State, or a business in which a public officer or employee of the State or the family of a public officer or employee of the State has a substantial interest, public notice was given as required by Section NMSA 1978, § 10-16-7(A) XXXX 0000 and this GSA Agreement was awarded pursuant to a competitive process; 3) in accordance with Section NMSA 1978, § 10-16-8(A) XXXX 0000), (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State within the preceding year and whose official act directly resulted in this GSA Agreement and (ii) the Contractor is not, and NASPO ValuePoint PARTICIPATING ADDENDUM MAILING EQUIPMENT, SUPPLIES AND MAINTENANCE Led by the State of Arizona has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the Procuring Agency's making this GSAAgreement; 4) this GSA Agreement complies with Section NMSA 1978, § 10-16-9(A) XXXX 0000 because 9(A)because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family; (iii) the Contractor is not a business in which a legislator or a legislator's family has a substantial interest; or (iv) if the Contractor is a legislator, a member of a legislator’s family, or a business in which a legislator or a legislator's family has a substantial interest, disclosure has been made as required by NMSA 1978, § 10-16-7(A), this Agreement is not a sole source or small purchase contract, and this Agreement was awarded in accordance with the provisions of the Procurement Code; 5) in accordance with NMSA 1978, § 10-16-13, the Contractor has not directly participated in the preparation of specifications, qualifications or evaluation criteria for this Agreement or any procurement related to this Agreement; and 6) in accordance with NMSA 1978, § 10-16-3 and § 10-16-13.3, the Contractor has not contributed, and during the term of this Agreement shall not contribute, anything of value to a public officer or employee of the Procuring Agency. C. Contractor’s representations and warranties in paragraphs A and B of this Clause are material representations of fact upon which the Procuring Agency relied when this Agreement was entered into by the parties. Contractor shall provide immediate written notice to the Procuring Agency if, at any time during the term of this Agreement, Contractor learns that Contractor’s representations and warranties in paragraphs A and B of this Clause were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances. If it is later determined that Contractor’s representations and warranties in paragraphs A and B of this Clause were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances, in addition to other remedies available to the Procuring Agency and notwithstanding anything in the Agreement to the contrary, the Procuring Agency may immediately terminate the Agreement. D. All terms defined in the Governmental Conduct Act have the same meaning in this Agreement.

Appears in 1 contract

Samples: Statewide Price Agreement

Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000NMSA 1978. Without in anyway limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) . in accordance with Section 10-16-4.3 XXXX 0000NMSA 1978, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Agency employee while such employee was or is employed by the Agency and participating directly or indirectly in the Agency’s contracting process; 2) . this GSA Agreement complies with Section 10-16-7(A) XXXX 0000 NMSA 1978 because (i) the Contractor is not a public officer or employee of the State; (ii) the Contractor is not a member of the family of a public officer or employee of the State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the State, a member of the family of a public officer or employee of the State, or a business in which a public officer or employee of the State or the family of a public officer or employee of the State has a substantial interest, public notice was given as required by Section 10-16-7(A) XXXX 0000 NMSA 1978 and this GSA Agreement was awarded pursuant to a competitive process; 3) . in accordance with Section 10-16-8(A) XXXX 0000NMSA 1978, (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State within the preceding year and whose official act directly resulted in this GSA Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the Agency's making this GSAAgreement; 4) . this GSA Agreement complies with Section 10-16-9(A) XXXX 0000 NMSA 1978 because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family; (iii) the Contractor is not a business in which a legislator or a legislator's family has a substantial interest; or (iv) if the Contractor is a legislator, a member of a legislator’s family, or a business in which a legislator or a legislator's family has a substantial interest, disclosure has been made as required by Section 10-16-9(A) NMSA 1978, this Agreement is not a sole source or small purchase contract, and this Agreement was awarded in accordance with the provisions of the Procurement Code; 5. in accordance with Section 10-16-13 NMSA 1978, the Contractor has not directly participated in the preparation of specifications, qualifications or evaluation criteria for this Agreement or any procurement related to this Agreement; and 6. in accordance with Section 10-16-3 and Section 10-16-13.3 NMSA 1978, the Contractor has not contributed, and during the term of this Agreement shall not contribute, anything of value to a public officer or employee of the Agency. C. Contractor’s representations and warranties in Paragraphs A and B of this Article 12 are material representations of fact upon which the Agency relied when this Agreement was entered into by the parties. Contractor shall provide immediate written notice to the Agency if, at any time during the term of this Agreement, Contractor learns that Contractor’s representations and warranties in Paragraphs A and B of this Article 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances. If it is later determined that Contractor’s representations and warranties in Paragraphs A and B of this Article 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances, in addition to other remedies available to the Agency and notwithstanding anything in the Agreement to the contrary, the Agency may immediately terminate the Agreement. D. All terms defined in the Governmental Conduct Act have the same meaning in this Article 11(B). OCI Attachment 2014 is attached to this Contract and is incorporated herein to the same extent as if it has been set out verbatim in this Article 11. (See also: PSFA Government Conduct Act Policy located at: xxxx://xxx.xxxxxx.xxx/files/PSFA_Government_Conduct_Act_Policy_2018_Ver1_SMM.pdf )

Appears in 1 contract

Samples: Services Contract/Agreement

Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000. Without in anyway limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) in accordance with Section XXXX 0000, § 10-16-4.3 XXXX 00004.3, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Agency employee while such employee was or is employed by the Agency and participating directly or indirectly in the Agency’s Agency’s contracting process; 2) this GSA Agreement complies with Section XXXX 0000, § 10-16-7(A) XXXX 0000 because (i) the Contractor is not a public officer or employee of the State; (ii) the Contractor is not a member of the family of a public officer or employee of the State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the State, a member of the family of a public officer or employee of the State, or a business in which a public officer or employee of the State or the family of a public officer or employee of the State has a substantial interest, public notice was given as required by Section XXXX 0000, § 10-16-16- 7(A) XXXX 0000 and this GSA Agreement was awarded pursuant to a competitive process; 3) in accordance with Section XXXX 0000, § 10-16-8(A) XXXX 0000), (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State within the preceding year and whose official act directly resulted in this GSA Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the Agency's making this GSAAgreement; 4) this GSA Agreement complies with Section XXXX 0000, § 10-16-9(A) XXXX 0000 because 9(A)because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family; (iii) the Contractor is not a business in which a legislator or a legislator's family has a substantial interest; or (iv) if the Contractor is a legislator, a member of a legislator’s family, or a business in which a legislator or a legislator's family has a substantial interest, disclosure has been made as required by XXXX 0000, § 10-16-7(A), this Agreement is not a sole source or small purchase contract, and this Agreement was awarded in accordance with the provisions of the Procurement Code; 5) in accordance with XXXX 0000, § 10-16-13, the Contractor has not directly participated in the preparation of specifications, qualifications or evaluation criteria for this Agreement or any procurement related to this Agreement; and 6) in accordance with XXXX 0000, § 10-16-3 and § 10-16-13.3, the Contractor has not contributed, and during the term of this Agreement shall not contribute, anything of value to a public officer or employee of the Agency. C. Contractor’s representations and warranties in Paragraphs A and B of this Article 12 are material representations of fact upon which the Agency relied when this Agreement was entered into by the parties. Contractor shall provide immediate written notice to the Agency if, at any time during the term of this Agreement, Contractor learns that Contractor’s representations and warranties in Paragraphs A and B of this Article 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances. If it is later determined that Contractor’s representations and warranties in Paragraphs A and B of this Article 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances, in addition to other remedies available to the Agency and notwithstanding anything in the Agreement to the contrary, the Agency may immediately terminate the Agreement. D. All terms defined in the Governmental Conduct Act have the same meaning in this Article 12(B).

Appears in 1 contract

Samples: Professional Services

Conflict of Interest; Governmental Conduct Act. A. 8.1. The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. 8.2. The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000NMSA 1978. Without in anyway any way limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) 8.2.1. in accordance with Section NMSA 1978, § 10-16-4.3 XXXX 00004.3, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Agency Owner and Co-Owner employee while such employee was or is employed by the Agency Owner and Co-Owner and participating directly or indirectly in the AgencyOwner and Co-Owner’s contracting process; 2) 8.2.2. this GSA Agreement complies with Section NMSA 1978, § 10-16-7(A) XXXX 0000 because (i) the Contractor is not a public officer or employee of the State; (ii) the Contractor is not a member of the family of a public officer or employee of the State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the State, a member of the family of a public officer or employee of the State, or a business in which a public officer or employee of the State or the family of a public officer or employee of the State has a substantial interest, public notice was given as required by Section NMSA 1978, § 10-16-7(A) XXXX 0000 and this GSA Agreement was awarded pursuant to a competitive process; 3) 8.2.3. in accordance with Section NMSA 1978, § 10-16-8(A) XXXX 0000), (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State within the preceding year and whose official act directly resulted in this GSA Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the AgencyOwner and Co-Owner 's making this GSAAgreement; 4) 8.2.4. this GSA Agreement complies with Section NMSA 1978, § 10-16-9(A) XXXX 0000 because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family; (iii) the Contractor is not a business in which a legislator or a legislator's family has a substantial interest; or (iv) if the Contractor is a legislator, a member of a legislator’s family, or a business in which a legislator or a legislator's family has a substantial interest, disclosure has been made as required by NMSA 1978, § 10-16-7(A), this Agreement is not a sole source or small purchase contract, and this Agreement was awarded in accordance with the provisions of the Procurement Code; 8.2.5. in accordance with NMSA 1978, § 10-16-13, the Contractor has not directly participated in the preparation of specifications, qualifications or evaluation criteria for this Agreement or any procurement related to this Agreement; and 8.2.6. in accordance with NMSA 1978, § 10-16-3 and § 10-16-13.3, the Contractor has not contributed, and during the term of this Agreement shall not contribute, anything of value to a public officer or employee of Owner and Co-Owner. 8.3. Contractor’s representations and warranties in this Clause are material representations of fact upon which Owner and Co-Owner relied when this Agreement was entered into by the Parties. Contractor shall provide immediate written notice to Owner and Co-Owner if, at any time during the term of this Agreement, Contractor learns that Contractor’s representations and warranties in this Clause were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances. If it is later determined that Contractor’s representations and warranties in this Clause were erroneous on the effective date of this Agreement, or have become erroneous by reason of new or changed circumstances, in addition to other remedies available to Owner and Co-Owner, and notwithstanding anything in the Agreement to the contrary, Owner and Co-Owner may immediately terminate the Agreement. 8.4. All terms defined in the Governmental Conduct Act have the same meaning in this Agreement.

Appears in 1 contract

Samples: Contractor Agreement

Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSA. B. Agreement. The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000NMSA 1978. Without in anyway any way limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) : in accordance with Section NMSA 1978, § 10-16-4.3 XXXX 00004.3, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Agency Owner and Co-Owner employee while such employee was or is employed by the Agency Owner and Co-Owner and participating directly or indirectly in the AgencyOwner and Co-Owner’s contracting process; 2) ; this GSA Agreement complies with Section NMSA 1978, § 10-16-7(A) XXXX 0000 because (i) the Contractor is not a public officer or employee of the State; (ii) the Contractor is not a member of the family of a public officer or employee of the State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the State, a member of the family of a public officer or employee of the State, or a business in which a public officer or employee of the State or the family of a public officer or employee of the State has a substantial interest, public notice was given as required by Section NMSA 1978, § 10-16-7(A) XXXX 0000 and this GSA Agreement was awarded pursuant to a competitive process; 3) ; in accordance with Section NMSA 1978, § 10-16-8(A) XXXX 0000), (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State within the preceding year and whose official act directly resulted in this GSA Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the AgencyOwner and Co-Owner 's making this GSA; 4) Agreement; this GSA Agreement complies with Section NMSA 1978, § 10-16-9(A) XXXX 0000 because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family;; (iii) the Contractor is not a business in which a legislator or a legislator's family has a substantial interest; or (iv) if the Contractor is a legislator, a member of a legislator’s family, or a business in which a legislator or a legislator's family has a substantial interest, disclosure has been made as required by NMSA 1978, § 10-16-7(A), this Agreement is not a sole source or small purchase contract, and this Agreement was awarded in accordance with the provisions of the Procurement Code; in accordance with NMSA 1978, § 10-16-13, the Contractor has not directly participated in the preparation of specifications, qualifications or evaluation criteria for this Agreement or any procurement related to this Agreement; and in accordance with NMSA 1978, § 10-16-3 and § 10-16-13.3, the Contractor has not contributed, and during the term of this Agreement shall not contribute, anything of value to a public officer or employee of Owner and Co-Owner. Contractor’s representations and warranties in this Clause are material representations of fact upon which Owner and Co-Owner relied when this Agreement was entered into by the Parties. Contractor shall provide immediate written notice to Owner and Co-Owner if, at any time during the term of this Agreement, Contractor learns that Contractor’s representations and warranties in this Clause were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances. If it is later determined that Contractor’s representations and warranties in this Clause were erroneous on the effective date of this Agreement, or have become erroneous by reason of new or changed circumstances, in addition to other remedies available to Owner and Co-Owner, and notwithstanding anything in the Agreement to the contrary, Owner and Co-Owner may immediately terminate the Agreement. All terms defined in the Governmental Conduct Act have the same meaning in this Agreement.

Appears in 1 contract

Samples: Service Agreement

Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000NMSA 1978. Without in anyway any way limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) in accordance with Section NMSA 1978, § 10-16-4.3 XXXX 00004.3, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Procuring Agency employee while such employee was or is employed by the Procuring Agency and participating directly or indirectly in the Procuring Agency’s contracting process; 2) this GSA Agreement complies with Section NMSA 1978, § 10-16-7(A) XXXX 0000 because (i) the Contractor is not a public officer or employee of the State; (ii) the Contractor is not a member of the family of a public officer or employee of the State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the State, a member of the family of a public officer or employee of the State, or a business in which a public officer or employee of the State or the family of a public officer or employee of the State has a substantial interest, public notice was given as required by Section NMSA 1978, § 10-16-7(A) XXXX 0000 and this GSA Agreement was awarded pursuant to a competitive process; 3) in accordance with Section NMSA 1978, § 10-16-8(A) XXXX 0000), (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State within the preceding year and whose official act directly resulted in this GSA and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the Agency's making this GSA; 4) this GSA complies with Section 10-16-9(A) XXXX 0000 because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family;Agreement and

Appears in 1 contract

Samples: Request for Proposals

Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000NMSA 1978. Without in anyway limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) in accordance with Section 10-16-4.3 XXXX 0000NMSA 1978, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Agency City employee while such employee was or is employed by the Agency City and participating directly or indirectly in the Agency’s City's contracting process; 2) this GSA Agreement complies with Section 10-16-7(A7(B) XXXX 0000 NMSA 1978 because (i) the Contractor is not a public officer or employee of the StateCity; (ii) the Contractor is not a member of the family of a public officer or employee of the StateCity; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the StateCity, a member of the family of a public officer or employee of the StateCity, or a business in which a public officer or employee of the State City or the family of a public officer or employee of the State City has a substantial interest, public notice was given as required by Section 10-16-7(A7(B) XXXX 0000 NMSA 1978 and this GSA Agreement was awarded pursuant to a competitive process; 3) in accordance with Section 10-16-8(A8(C) XXXX 0000NMSA 1978, (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State City within the preceding year and whose official act directly resulted in this GSA Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State City whose official act, while in State City employment, directly resulted in the AgencyCity's making this GSAAgreement; 4) this GSA complies in accordance with Section 10-16-9(A) XXXX 0000 because (i) 13 NMSA 1978, the Contractor is has not a legislatordirectly participated in the preparation of specifications, qualifications or evaluation criteria for this Agreement, or any procurement related to this Agreement; (iiand 5) in accordance with Section 10-16-3 and Section 10-16-13.3 NMSA 1978, the Contractor has not contributed, and during the term of this Agreement shall not contribute, anything of value to a public officer or employee of the City. C. Contractor's representations and warranties in Paragraphs A and B of this Article 12 are material representations of fact upon which the City relied when this Agreement was entered into by the parties. Contractor shall provide immediate written notice to the City if, at any time during the term of this Agreement, Contractor learns that Contractor's representations and warranties in Paragraphs A and B of this Article 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances. If it is not a member later determined that Contractor's representations and warranties in Paragraphs A and B of a legislator's family;this Article 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances, in addition to other remedies available to the City and notwithstanding anything in the Agreement to the contrary, the City may immediately terminate the Agreement. D. All terms defined in the Governmental Conduct Act have the same meaning in this Article 12(B).

Appears in 1 contract

Samples: Legal Services Contract

Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000. Without in anyway limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) . in accordance with Section 10-16-4.3 XXXX 0000, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Agency employee while such employee was or is employed by the Agency and participating directly or indirectly in the Agency’s contracting process; 2) . this GSA Agreement complies with Section 10-16-7(A) XXXX 0000 because (i) the Contractor is not a public officer or employee of the State; (ii) the Contractor is not a member of the family of a public officer or employee of the State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the State, a member of the family of a public officer or employee of the State, or a business in which a public officer or employee of the State or the family of a public officer or employee of the State has a substantial interest, public notice was given as required by Section 10-16-7(A) XXXX 0000 and this GSA Agreement was awarded pursuant to a competitive process; 3) . in accordance with Section 10-16-8(A) XXXX 0000, (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State within the preceding year and whose official act directly resulted in this GSA Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the Agency's making this GSAAgreement; 4) . this GSA Agreement complies with Section 10-16-9(A) XXXX 0000 because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family; (iii) the Contractor is not a business in which a legislator or a legislator's family has a substantial interest; or (iv) if the Contractor is a legislator, a member of a legislator’s family, or a business in which a legislator or a legislator's family has a substantial interest, disclosure has been made as required by Section 10-16-9(A) XXXX 0000, this Agreement is not a sole source or small purchase contract, and this Agreement was awarded in accordance with the provisions of the Procurement Code; 5. in accordance with Section 10-16-13 XXXX 0000, the Contractor has not directly participated in the preparation of specifications, qualifications or evaluation criteria for this Agreement or any procurement related to this Agreement; and 6. in accordance with Section 10-16-3 and Section 10-16-13.3 XXXX 0000, the Contractor has not contributed, and during the term of this Agreement shall not contribute, anything of value to a public officer or employee of the Agency. C. Contractor’s representations and warranties in Paragraphs A and B of this Article 12 are material representations of fact upon which the Agency relied when this Agreement was entered into by the parties. Contractor shall provide immediate written notice to the Agency if, at any time during the term of this Agreement, Contractor learns that Contractor’s representations and warranties in Paragraphs A and B of this Article 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances. If it is later determined that Contractor’s representations and warranties in Paragraphs A and B of this Article 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances, in addition to other remedies available to the Agency and notwithstanding anything in the Agreement to the contrary, the Agency may immediately terminate the Agreement. D. All terms defined in the Governmental Conduct Act have the same meaning in this Article 11(B). OCI Attachment 2014 is attached to this Contract and is incorporated herein to the same extent as if it has been set out verbatim in this Article 11. (See also: PSFA Government Conduct Act Policy located at: xxxx://xxx.xxxxxx.xxx/files/PSFA_Government_Conduct_Act_Policy_2018_Ver1_SMM.pdf )

Appears in 1 contract

Samples: Services Contract/Agreement

Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000NMSA 1978. Without in anyway limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) in accordance with Section 10-16-4.3 XXXX 0000NMSA 1978, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Agency employee while such employee was or is employed by the Agency and participating directly or indirectly in the Agency’s contracting process; 2) this GSA Agreement complies with Section 10-16-7(A) XXXX 0000 because NMSA 1978 because (i) the Contractor is not a public officer or employee of the State; (ii) the Contractor is not a member of the family of a public officer or employee of the State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the State, a member of the family of a public officer or employee of the State, or a business in which a public officer or employee of the State or the family of a public officer or employee of the State has a substantial interest, public notice was given as required by Section 10-16-7(A) XXXX 0000 NMSA 1978 and this GSA Agreement was awarded pursuant to a competitive process; 3) in accordance with Section 10-16-8(A) XXXX 0000NMSA 1978, (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State within the preceding year and whose official act directly resulted in this GSA Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the Agency's making this GSAAgreement; 4) this GSA Agreement complies with Section 10-16-9(A) XXXX 0000 because NMSA 1978 because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family;

Appears in 1 contract

Samples: Broadband Fiber Optics/Internet Systems Services Agreement

Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000. Without in anyway any way limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) in accordance with Section XXXX 0000, § 10-16-4.3 XXXX 00004.3, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Procuring Agency employee while such employee was or is employed by the Procuring Agency and participating directly or indirectly in the Procuring Agency’s contracting process; 2) this GSA Agreement complies with Section XXXX 0000, § 10-16-7(A) XXXX 0000 because (i) the Contractor is not a public officer or employee of the State; (ii) the Contractor is not a member of the family of a public officer or employee of the State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the State, a member of the family of a public officer or employee of the State, or a business in which a public officer or employee of the State or the family of a public officer or employee of the State has a substantial interest, public notice was given as required by Section XXXX 0000, § 10-16-7(A) XXXX 0000 and this GSA Agreement was awarded pursuant to a competitive process; 3) in accordance with Section XXXX 0000, § 10-16-8(A) XXXX 0000), (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State within the preceding year and whose official act directly resulted in this GSA Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the Procuring Agency's making this GSAAgreement; 4) this GSA Agreement complies with Section XXXX 0000, § 10-16-9(A) XXXX 0000 because 9(A)because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family;

Appears in 1 contract

Samples: Professional Services

Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000NMSA 1978. Without in anyway limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) in accordance with Section NMSA 1978, § 10-16-4.3 XXXX 00004.3, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Agency PSFA employee while such employee was or is employed by the Agency PSFA and participating directly or indirectly in the AgencyPSFA’s contracting process; 2) this GSA Agreement complies with Section NMSA 1978, § 10-16-7(A) XXXX 0000 because (i) the Contractor is not a public officer or employee of the State; (ii) the Contractor is not a member of the family of a public officer or employee of the State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the State, a member of the family of a public officer or employee of the State, or a business in which a public officer or employee of the State or the family of a public officer or employee of the State has a substantial interest, public notice was given as required by Section NMSA 1978, § 10-16-7(A) XXXX 0000 and this GSA Agreement was awarded pursuant to a competitive process; 3) in accordance with Section NMSA 1978, § 10-16-8(A) XXXX 0000), (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State within the preceding year and whose official act directly resulted in this GSA Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the AgencyPSFA's making this GSAAgreement; 4) this GSA Agreement complies with Section NMSA 1978, § 10-16-9(A) XXXX 0000 because 9(A)because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family; (iii) the Contractor is not a business in which a legislator or a legislator's family has a substantial interest; or (iv) if the Contractor is a legislator, a member of a legislator’s family, or a business in which a legislator or a legislator's family has a substantial interest, disclosure has been made as required by NMSA 1978, § 10-16-7(A), this Agreement is not a sole source or small purchase contract, and this Agreement was awarded in accordance with the provisions of the Procurement Code; 5) in accordance with NMSA 1978, § 10-16-13, the Contractor has not directly participated in the preparation of specifications, qualifications or evaluation criteria for this Agreement or any procurement related to this Agreement; and 6) in accordance with NMSA 1978, § 10-16-3 and § 10-16-13.3, the Contractor has not contributed, and during the term of this Agreement shall not contribute, anything of value to a public officer or employee of the PSFA. C. Contractor’s representations and warranties in Paragraphs A and B of this Article 12 are material representations of fact upon which the PSFA relied when this Agreement was entered into by the parties. Contractor shall provide immediate written notice to the PSFA if, at any time during the term of this Agreement, Contractor learns that Contractor’s representations and warranties in Paragraphs A and B of this Article 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances. If it is later determined that Contractor’s representations and warranties in Paragraphs A and B of this Article 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances, in addition to other remedies available to the PSFA and notwithstanding anything in the Agreement to the contrary, the PSFA may immediately terminate the Agreement. D. All terms defined in the Governmental Conduct Act have the same meaning in this Article 12(B).

Appears in 1 contract

Samples: On Call Legal Services Contract

Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, and Article 16 XXXX 0000. Without in anyway limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) in accordance with Section 10-16-4.3 XXXX 0000, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Agency NMHIX employee while such employee was or is employed by the Agency NMHIX and participating directly or indirectly in the Agency’s NMHIX's contracting process; 2) this GSA Agreement complies with Section 10-16-7(A) XXXX 0000 because (i) the Contractor is not a public officer or employee of the State; (ii) the Contractor is not a member of the family of a public officer or employee of the StateNMHIX; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the State, a member of the family of a public officer or employee of the StateNMHIX, or a business in which a public officer or an employee of the State or the family of a public officer or employee of the State NMHIX has a substantial interest, public notice was given as required by Section 10-10- 16-7(A) XXXX 0000 NMSA 1978 and this GSA Agreement was awarded pursuant to a competitive process; 3) in accordance with Section 10-16-8(A) XXXX 0000, (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State NMHIX within the preceding year and whose official act directly resulted in this GSA and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the Agency's making this GSA;Agreement. 4) this GSA Agreement complies with Section 10-16-9(A) XXXX 0000 because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family; (iii) the Contractor is not a business in which a legislator or a legislator's family has a substantial interest; or (iv) if the Contractor is a legislator, a member of a legislator’s family, or a business in which a legislator or a legislator's family has a substantial interest, disclosure has been made as required by Section 10-16-9(A) XXXX 0000, this Agreement is not a sole source or small purchase contract, and this Agreement was awarded in accordance with the provisions of the Procurement Code; 5) in accordance with Section 10-16-13 XXXX 0000, the Contractor has not directly participated in the preparation of specifications, qualifications or evaluation criteria for this Agreement or any procurement related to this Agreement; and 6) in accordance with XXXX 0000 Section 10-16-3 and 10-16-13.3, the Contractor has not contributed, and during the term of this Agreement shall not contribute, anything of value to a public officer or employee of the NMHIX. C. The Contractor further represents that it has complied with, and, during the term of this Agreement, will continue to comply with all federal provisions related to conflicts of interest, including but not limited to those contained in 45 C.F.R. 92.36, the Affordable Care Act, and the HHS Grants Policy Statement, published January 1, 2007. D. The Contractor’s representations in Sections A, B, and C of this Paragraph 12 are material representations of fact upon which NMHIX relied when this Agreement was entered into by the parties. The Contractor shall provide immediate written notice to NMHIX if, at any time during the term of this Agreement, the Contractor learns that the Contractor’s representations in Sections A, B, or C of this Paragraph 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances. If it is later determined that the Contractor’s representations in Sections A, B, and C of this Paragraph 12 were erroneous on the effective date of this Agreement or have become erroneous by reason of new or changed circumstances, in addition to other remedies available to NMHIX and notwithstanding anything in the Agreement to the contrary, NMHIX may immediately terminate the Agreement. E. The Contractor shall provide immediate written notice to NMHIX if, at any time during the term of this Agreement, the Contractor becomes aware of circumstances that suggest a potential conflict of interest or the appearance of impropriety.

Appears in 1 contract

Samples: Service Agreement

Conflict of Interest; Governmental Conduct Act. A. The Contractor represents and warrants that it presently has no interest and, during the term of this GSAAgreement, shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the GSAAgreement. B. The Contractor further represents and warrants that it has complied with, and, during the term of this GSAAgreement, will continue to comply with, and that this GSA Agreement complies with all applicable provisions of the Governmental Conduct Act, Chapter 10, Article 16 XXXX 0000. Without in anyway limiting the generality of the foregoing, the Contractor specifically represents and warrants that: 1) in accordance with Section XXXX 0000, § 10-16-4.3 XXXX 00004.3, the Contractor does not employ, has not employed, and will not employ during the term of this GSA Agreement any Agency CNM employee while such employee was or is employed by the Agency CNM and participating directly or indirectly in the AgencyCNM’s contracting process; 2) this GSA Agreement complies with Section XXXX 0000, § 10-16-7(A) XXXX 0000 because (i) the Contractor is not a public officer or employee of the State; (ii) the Contractor is not a member of the family of a public officer or employee of the State; (iii) the Contractor is not a business in which a public officer or employee or the family of a public officer or employee has a substantial interest; or (iv) if the Contractor is a public officer or employee of the State, a member of the family of a public officer or employee of the State, or a business in which a public officer or employee of the State or the family of a public officer or employee of the State has a substantial interest, public notice was given as required by Section XXXX 0000, § 10-16-7(A) XXXX 0000 and this GSA Agreement was awarded pursuant to a competitive process; 3) in accordance with Section XXXX 0000, § 10-16-8(A) XXXX 0000), (i) the Contractor is not, and has not been represented by, a person who has been a public officer or employee of the State within the preceding year and whose official act directly resulted in this GSA Agreement and (ii) the Contractor is not, and has not been assisted in any way regarding this transaction by, a former public officer or employee of the State whose official act, while in State employment, directly resulted in the AgencyCNM's making this GSAAgreement; 4) this GSA Agreement complies with Section XXXX 0000, § 10-16-9(A) XXXX 0000 because 9(A)because (i) the Contractor is not a legislator; (ii) the Contractor is not a member of a legislator's family;

Appears in 1 contract

Samples: Professional Services

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