CONFLICT OF INTEREST & CONFIDENTIALITY

The Procurement Manager for the Upper Colorado River Commission’s Request for Proposals #2019-01-UCRC (“RFP”) will grant access to the Offerors’ responses (“proposals”) to the RFP to you as member of the Evaluation Committee or intra-agency staff reviewer upon receipt of this Conflict of Interest and Confidentiality Acknowledgment (“Acknowledgment”).

Conflict of Interest

Your role as a member of the Evaluation Committee or intra-agency staff reviewer (“reviewer”) requires that you disclose to the Procurement Manager any actual or perceived conflicts of interest you may have related to any of the proposals. An actual conflict of interest includes any aspect of the proposal review and/or contract negotiation process [1] directly affecting a business in which you, or a member of your immediate family, have a financial interest.

An actual conflict of interest will require you to disqualify yourself from participating in the evaluation of the subject proposal. In the event you discover an actual or perceived conflict of interest during the proposal review process, and after accepting this Acknowledgment, you agree to inform the Procurement Manager as soon as practicable of the conflict and, if necessary, to disqualify yourself from participating in the evaluation of the subject proposal.

Moreover, by agreeing to this acknowledgment, you agree that you will not accept any favor, gratuity, or any other thing of value from any person, firm, corporation or other entity who has submitted a proposal or is in the process of negotiating a contract with the UCRC pursuant to such proposal. Such favors, gratuities, or things of value shall include, but not be limited to, the seeking of or acceptance of gifts, favors, services, promises of future employment, and/or honorariums, from state suppliers, contractors, regulated enterprises or individuals, interested parties or people seeking to do business with the UCRC.

[1] “Contract negotiation process” is defined as the negotiation of the general terms of the contract between the UCRC and the contractor/s that will govern work performed (including, e.g., the term, amount, and scope of work as stated in the RFP) by the contractor/s.  Any and all deliverables will be assigned subject to the approval of the Commission, through the Demand Management Committee, after the contract/s are awarded.  Moreover, any and all deliverables will be communicated to the contractor/s through discrete task or work orders, not the contract itself.

Confidentiality

The proposals are being shared with you as a reviewer with the understanding that they are confidential and should be treated as such. The Procurement Manager will provide you access to the proposals via a secured cloud-based platform maintained by the Procurement Manager. All proposals are the property of the UCRC and will be identified accordingly.

The proposals and any information developed, derived from performance of or otherwise learned by the reviewer during the proposal review/contract negotiation process are for the sole use of the reviewers and their review is intended only for those individuals.

In the event you receive a request to produce a proposal, or any information developed, derived from performance of or otherwise learned by the reviewer during the proposal review/contract negotiation process, you shall notify the Procurement Manager as soon as practicable. If the reviewer determines that she/he is legally compelled to disclose the proposal or related information, the reviewer will cooperate with the UCRC in making the legally required disclosure.

As a reviewer, you acknowledge that you will maintain confidentiality regarding all aspects of the proposal review and/or contract negotiation process. You further acknowledge that you will not discuss with any person who is not on the Evaluation Committee, or disclose to any person who is not on the Evaluation Committee, the contents of proposals, any information developed, derived from performance of or otherwise learned by the reviewer during the proposal review/contract negotiation process during the pendency of the proposal review process and prior to award of a contract/s by the Upper Colorado River Commission; provided, however, that once the proposals have been scored by the designated reviewer for each state and the Procurement Manager has documented the final Evaluation Committee results, each reviewer may brief her/his respective Upper Colorado River Commissioner in preparation for Commission action on award of a contract/s.

Should the need arise to share proposal or contract information with staff of the agency (“intra-agency staff reviewers”) with whom either of the two (2) designated Evaluation Committee members of that particular state are employed, you acknowledge that you will not share proposal or contract information with intra-agency staff reviewers until: 1) the Commissioner of the appropriate state has approved the addition of each such intra-agency staff reviewer; and, 2)  each intra-agency staff reviewer has agreed to this Conflict of Interest and Confidentiality Acknowledgement.

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