PRO-602 Non-Collusion and Disclosure of Conflicts of Interest

SCOPE: 

The purpose of this policy is to establish requirements related to prohibited collusion activity and the need to disclose conflicts of interest in state contracting.

To ensure fair and transparent competitive procurements, the state requires attestations to be included with all bids and proposals that no collusion has occurred between bidders and that any conflicts of interest have been disclosed. To ensure compliance with these rules, the State Bureau of Procurement (Bureau), state agencies, and bidders/proposers have certain responsibilities as outlined herein.


Non-Collusion

Bidders and proposers must certify that they have not directly or indirectly participated in collusion or otherwise taken any action in restraint of free competition. To simplify the certification process, the Bureau has provided standard non-collusion declarations on required bidding forms and as such, by signing and submitting a bid or proposal, such declarations are made a part of the response and become automatic with the bidder/proposer’s signature. Notarization is not required.


Disclosure of Conflicts of Interest

Bidders/proposers must disclose potential conflicts of interest as prescribed by section II herein. No disclosure is required if state of federal law prohibits the disclosure, or the relationship does not create a conflict of interest and loss of independence, or the disclosure is improper under standards of professional conduct adopted by, or administrative rules of, the state agency or agency of the judicial branch that is responsible for regulating or licensing the occupational group of which the bidder or proposer is a member.


All contracts will provide that if the bidder/proposer failed to disclose, the contract may be declared void by the Bureau and any amounts paid under the contract may be recovered per §16.77 (2), Wis. Stats.. See PRO-106, Prior Approval of Purchases/Unauthorized Purchases.


Independence of Relationship

In addition to non-collusion and disclosure requirements, all contractual services procurements must also meet the requirements of independence of relationship, as provided in PRO-204, Contractual Services Procurement.

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PRO-602 Non-Collusion and Disclosure of Conflicts of Interest