Wis. Admin. Code Department of Administration § Adm 10.10 - Disclosure

Current through March 28, 2022

(1) Any bidder or proposer other than a political subdivision of the state shall include with a bid or proposal a written statement that discloses and provides relevant information on any of the following conditions that exist:
(a) An officer or an employee of the contracting or procuring agency, or his or her immediate family, as defined in s. 19.42(7), Stats., owns or controls, directly or indirectly, any equity, or is associated, as defined in s. 19.42(2), Stats., with the bidder or proposer;
(b) The bidder or proposer currently employs, or has offered or agreed to employ, any person who is or has been an officer or employee of the contracting or procuring agency within the 12 month period preceding the bid or proposal; or
(c) The bidder or proposer has a contract for contractual services with the contracting or procuring agency or provides services to, or anticipates providing services during the term of the contract to, a person or organization that is regulated by, or receives state funds from, the contracting or procuring agency.
(2) If none of the above conditions exist, the bidder or proposer shall include, with any bid or proposal, a written statement to that effect.
(3) The contracting or procuring agency shall review the statement and prepare a written determination on whether or not the information disclosed under sub. (1) interferes with fair competition and whether or not, in spite of the information disclosed, the awarding of the contract to the bidder or proposer will be in the best interests of the state.
(4) The department shall review the determination by the contracting or procuring agency. If the department does not concur in that determination, the department shall not approve the contract.
(5) All contracts shall provide that if the bidder or proposer has failed to disclose any conditions described in sub. (1), the contract may be declared to be void by the department and any amounts paid under the contract may be recovered as provided in s. 16.77(2), Stats.
(6) No disclosure under sub. (1) (c) is required if a) state or federal law prohibits the disclosure, or b) 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.

Notes

Wis. Admin. Code Department of Administration § Adm 10.10
Cr. Register, January, 1983, No. 325, eff. 2-1-83.

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