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<br />subcontractor, supplier, or vendor), to make gifts or to give favors to any State employee
<br />of the Governor's Cabinet Agencies (i.e., Administration, Commerce, Correction, Crime
<br />Control and Public Safety, Cultural Resources, Environment and Natural Resources,
<br />Health and Human Services, Juvenile Justice and Delinquency Prevention, Revenue,
<br />Transportation, and the Office of the Governor). This prohibition covers those vendors and
<br />contractors who:
<br />(1) have a contract with a governmental agency; or
<br />(2) have performed under such a contract within the past year; or
<br />(3) anticipate bidding on such a contract in the future.
<br />State Executive Order 24 and G.S. Sec. 133-32.
<br />b. Conflict of Interest Policy. In accordance with N.C.G.S. 143-6.2(b1), the Contractor
<br />shall file with the Department a copy of Contractor's policy addressing conflicts of interest
<br />that may arise involving the Contractor's management, employees, and the members of its
<br />board of directors or other governing body. The policy shall address situations in which
<br />any of these individuals may directly or indirectly benefit, except as the Contractor's
<br />employees or members of its board or other governing body, from the Contractor's
<br />disbursing of Federal/State funds and shall include actions to be taken by the Contractor
<br />or the individual, or both to avoid conflicts of interest and the appearance of impropriety.
<br />The policy shall be filed before the Department may disburse the grant funds.
<br />(1) Personal Conflicts of Interest. The Contractor agrees that its code or standards of
<br />conduct shall prohibit the Contractor's employees, officers, board members, or agents from
<br />participating in the selection, award, or administration of any third party contract or sub-
<br />agreement supported by Federal/State assistance if a real or apparent conflict of interest
<br />would be involved. Such a conflict would arise when an employee, officer, board member,
<br />or agent, including any member of his or her immediate family, partner, or organization
<br />that employs, or intends to employ, any of the parties listed herein has a financial interest
<br />in the firm selected for award.
<br />(2) Organizational Conflicts of Interest. The Contractor agrees that its code or
<br />standards of conduct shall include procedures for identifying and preventing real and
<br />apparent organizational conflicts of interest. An organizational conflict of interest exists
<br />when the nature of the work to be performed under a proposed third party contract or sub-
<br />agreement, may, without some restrictions on future activities, result in an unfair
<br />competitive advantage to the third party contractor or sub-recipient or impair its objectivity
<br />in performing the contract work.
<br />(3) Gifts/Favors. It is unlawful for any vendor or contractor (i.e. architect, bidder,
<br />contractor, construction manager, design professional, engineer, landlord, offer or, seller,
<br />subcontractor, supplier, or vendor), to make gifts or to give favors to any State employee
<br />of the Governor's Cabinet Agencies (i.e., Administration, Commerce, Correction, Crime
<br />Control and Public Safety, Cultural Resources, Environment and Natural Resources,
<br />Health and Human Services, Juvenile Justice and Delinquency Prevention, Revenue,
<br />Transportation, and the Office of the Governor). This prohibition covers those vendors and
<br />contractors who:
<br />(1) have a contract with a governmental agency; or
<br />(2) have performed under such a contract within the past year; or
<br />(3) anticipate bidding on such a contract in the future.
<br />State Executive Order 24 and G.S. Sec. 133-32.
<br />c. Debarment and Suspension.
<br />This contract is a covered transaction for purposes of 2 CFR Part 1200, which adopts and
<br />Revised 1/6/10
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