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STANDARD PROCUREMENT POLICY & FEDERAL EMERGENCY CONTRACTING <br /> point the actual or apparent conflict is made known,the City Attorney and Conflict of Interest <br /> Compliance Officer will review all pertinent facts and together decide the best course of action. <br /> If it is determined that the award will stand, such determination will be documented in writing <br /> and included in the Procurement File for the affected purchase or contract. <br /> A supplier or contractor who acts or fails to act in a manner implicating a real or apparent <br /> conflict of interest is subject to remedial action, up to and including termination of the contract, <br /> if warranted by the offense. <br /> 3.6 ORGANIZATIONAL CONFLICTS OF INTEREST <br /> The City will avoid organizational conflicts of interests. <br /> An organizational conflict of interest can arise where a bidder or proposer's relationship(s) with <br /> a parent company, affiliate, or subsidiary organization, cause the City to be unable or appear to <br /> be unable to be impartial in conducting a procurement action involving a related organization. <br /> This could occur when one party has access to nonpublic information as part of its relationship <br /> with or performance on a government contract. <br /> An organizational conflict of interest can also arise within the context of suppliers or contractors <br /> that are not related organizations. An organizational conflict of interest arises in these cases <br /> where a person, because of other activities or relationships with other persons, is unable or <br /> potentially unable to render impartial assistance or advice. These organizational conflicts may <br /> occur in circumstances of impaired objectivity, unequal access to information, and biased <br /> ground rules: <br /> • "Impaired objectivity" arises where suppliers or contractors are unable, or potentially <br /> unable, to provide impartial and objective assistance or advice to the City due to other <br /> relationships, contracts, or circumstances, e.g., circumstances where their work under one <br /> contract could entail it evaluating itself or an affiliate through an assessment of <br /> performance under another contract or an evaluation of proposals. <br /> • "Unequal access to information" occurs when a supplier or contractor has access to <br /> nonpublic information as part of its performance under another contract with the City and <br /> where that information may provide the supplier, contractor or an affiliate with a <br /> competitive advantage in a later competition for a City contract. <br /> • "Biased ground rules" issues arise where a supplier or contractor, as part of its performance <br /> of work under a contract with the City, has in some sense set the ground rules for another <br /> City contract. Such a situation would arise, for example, where the supplier or contractor <br /> prepares a statement of work or specifications for a contract and later competes for that <br /> contract. <br /> Suppliers or contractors that develop or draft specifications, requirements, statements of work, <br /> or invitations to bid or requests for proposals will be excluded from competing for purchases or <br /> work covered by the same. <br /> Page 15 of 57 <br />