DETERMINATION OF CONFLICT. SANDAG is a government agency subject to conflict of interest laws and its Standard of Conduct calls for avoidance of the perception of impropriety. As Consultant, Consultant's eligibility to provide services under the Agreement could be affected by conflicts of interest. If Consultant has reason to believe that it has, or potentially could have, a financial or organizational conflict of interest, Consultant is obligated to immediately inform the SANDAG Office of General Counsel. A prohibited organizational conflict of interest exists when a firm is or may be unable to render impartial, objective assistance or advice to SANDAG or where a firm would receive an unfair competitive advantage. In addition, Consultant is required to disclose any pending or active investigations or litigation that may affect the reputation or ability of Consultant to carry out the Project. Examples of situations that could create a conflict of interest are discussed in Board Policy No. 016, and include situations that can arise when a Consultant represents a client that has sued SANDAG or one of its member agencies, or when Consultant assists SANDAG with preparing estimates, scopes of work, specifications, or evaluation criteria that will be used in a future procurement. These examples are not exhaustive. A process for determining whether Consultant has a conflict is set forth in Board Policy No. 16. Consultant, its subconsultants and affiliates (a firm that is subject to the control of the same persons through joint ownership or otherwise) of either may be found ineligible due to actual or potential conflict. Proposers are hereby placed on notice that work awarded this Agreement may preclude a Consultant or Subconsultant from working on future stages of a project due to a conflict of interest. For example, if a SANDAG Consultant is awarded a scope of work to assist SANDAG in developing a scope of work for another procurement, the Consultant would have an unfair competitive advantage and would therefore be ineligible to compete when that procurement was issued.
DETERMINATION OF CONFLICT. A prohibited conflict of interest may exist for Consultant pursuant to SANDAG Board Policy No. 016, Procurement of Services, or the terms of this Agreement when because of other activities, relationships, or contracts, or policy positions of Consultant's governing body, Consultant is or may be unable to render impartial, objective assistance, or advice to SANDAG; or a firm's objectivity in performing the contract work is or might be otherwise impaired; or where a firm would receive an unfair competitive advantage. Notwithstanding the foregoing, Consultant will not have a prohibited conflict under this Agreement on the basis of it expressing the position or opinions of the stakeholders it is representing as part of the Scope of Work for this Agreement. If at some point; however, Consultant's governing body, officers, or leadership plan to take a position that is in opposition to SANDAG or a SANDAG policy position, Consultant shall communicate in good faith and in advance to SANDAG to allow XXXXXX and Consultant the opportunity to discuss their differences. Should Consultant believe that it may have a conflict of interest or appearance of conflict of interest in the performance of this Agreement, it will notify the SANDAG Project Manager for the Project immediately. If at any time SANDAG determines that Consultant is not acting merely as a conduit to SANDAG of its stakeholders' comments, but instead is taking a position of opposition to SANDAG; or if SANDAG determines that Consultant will be unable to render impartial outreach and liaison assistance to SANDAG or to carry out the Scope of Work in accordance with SANDAG direction; or that Consultant is providing factually incorrect information regarding SANDAG to stakeholders, this Agreement may be terminated for cause. Consultant agrees to avoid performing services for any person or entity or entering into any contractual or other relationship with any person or entity that might render it unable to objectively or effectively carry out the Scope of Work or create an unfair competitive advantage for Consultant for future procurements.
DETERMINATION OF CONFLICT. SANDAG is a government agency subject to conflict of interest laws and its Standard of Conduct calls for avoidance of the perception of impropriety. As Consultant, Consultant's eligibility to provide services under the Agreement could be affected by conflicts of interest. If Consultant has reason to believe that it has, or potentially could have, a financial or organizational conflict of interest, Consultant is obligated to promptly inform the SANDAG Office of General Counsel. A prohibited organizational conflict of interest exists when a firm is or may be unable to render impartial, objective assistance or advice to SANDAG or where a firm would receive an unfair competitive advantage. Consultant shall not assign persons to any portion of the work under this Agreement who were employed by XXXXXX in the immediately preceding twelve months, unless prior written consent is obtained from SANDAG. In addition, Consultant is required to disclose any pending or active investigations or litigation that may affect the reputation or ability of Consultant to carry out the Project. Examples of situations that could create a conflict of interest are discussed in Board Policy No. 016, and include situations that can arise when a Consultant represents a client that has sued SANDAG or one of its member agencies, or when Consultant assists SANDAG with preparing estimates, scopes of work, specifications, or evaluation criteria that will be used in a future procurement. These examples are not exhaustive. A process for determining whether Consultant has a conflict is set forth in Board Policy No. 16. Consultant, its subconsultants and affiliates (a firm that is subject to the control of the same persons through joint ownership or otherwise) of either may be found ineligible due to actual or potential conflict.
