Specifications

Generator Maintenance, Inspection and Repair Services Bid Number 6000001312
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
SPECIAL TERMS AND CONDITIONS
Page 9 of 18
dealings with inmates or parolees, except to the extent that such financial dealings create no
actual or potential conflict of interest, are available on the same terms to the general public,
and have been approved in advance in writing by CDCR. For the purposes of this
paragraph, “affiliated company, person or business” means any company, business,
corporation, nonprofit corporation, partnership, limited partnership, sole proprietorship, or
other person or business entity of any kind which has any ownership or control interest
whatsoever in the Contractor, or which is wholly or partially owned (more than 5%
ownership) or controlled (any percentage) by the Contractor or by the Contractor’s owners,
officers, principals, directors and/or shareholders, either directly or indirectly. “Affiliated
companies, persons or businesses” include, but are not limited to, subsidiary, parent, or
sister companies or corporations, and any company, corporation, nonprofit corporation,
partnership, limited partnership, sole proprietorship, or other person or business entity of
any kind that is wholly or partially owned or controlled, either directly or indirectly, by the
Contractor or by the Contractor’s owners, officers, principals, directors and/or shareholders.
The Contractor shall have a continuing duty to disclose to the State, in writing, all interests
and activities that create an actual or potential conflict of interest in performance of the
Agreement.
The Contractor shall have a continuing duty to keep the State timely and fully apprised in
writing of any material changes in the Contractor’s business structure and/or status. This
includes any changes in business form, such as a change from sole proprietorship or
partnership into a corporation or vice-versa; any changes in company ownership; any
dissolution of the business; any change of the name of the business; any filing in
bankruptcy; any revocation of corporate status by the Secretary of State; and any other
material changes in the Contractor’s business status or structure that could affect the
performance of the Contractor’s duties under the Agreement.
If the Contractor violates any provision of the above paragraphs, such action by the
Contractor shall render this Agreement void.
Members of boards and commissions are exempt from this section if they do not receive
payment other than payment for each meeting of the board or commission, payment for
preparatory time and payment for per diem.
22. Disclosure
Neither the State nor any State employee will be liable to the Contractor or its staff for
injuries inflicted by inmates or parolees of the State. The State agrees to disclose to the
Contractor any statement(s) known to State staff, made by any inmate or parolee, which
indicate violence may result in any specific situation, and the same responsibility will be
shared by the Contractor in disclosing such statement(s) to the State.
23. Security Clearance/Fingerprinting
The State reserves the right to conduct fingerprinting and/or security clearance through the
Department of Justice, Bureau of Criminal Identification and Information (BCII), prior to
award and at any time during the term of the Agreement, in order to permit Contractor
and/or Contractor’s employee access to State premises. The State further reserves the right
to terminate the Agreement should a threat to security be determined.
Bid 6000001312
State of California
11/14/2013 2:35 PM
p. 112