Bidders
A bidder is a person who submits a proposal for a City contract or responds to another type of solicitation in a competitive procurement process. Bidders are subject to the campaign finance, lobbying, and governmental ethics laws.
REQUIREMENTS
There are three types of disclosure forms that may be required of bidders. Detailed filing requirements may be found under “What Do I File?”. The contractor requirements also apply if a bidder is an existing contractor.
Failing to submit a form when required to do so may result in a bidder being deemed non-responsive in a competitive procurement process.
To acknowledge that they understand and agree to comply with the lobbying laws if they qualify as lobbying entities, bidders on the following types of contracts must submit Form 50 (Bidder Certification) with their bids.
- Goods and services contracts worth at least $25,000 and lasting at least three months.
- Financial assistance contracts worth at least $100,000 and lasting any length of time.
- Construction contracts, leases, and licenses of any value and any duration.
Bidders other than underwriters must submit Form 55 with their bids to disclose their principals and subcontractors if the contract they are bidding on has an anticipated value of $100,000 or more and requires approval by an officeholder.
Underwriting bidders must submit Form 56 with their bids and must also certify that neither they nor their principals, their subcontractors, and their subcontractors’ principals have given gifts of $50 or more or political contributions of $100 or more in the previous 12 months to any officeholders, board or commission members of the department letting the contract, or other City officials that have the authority to participate in or make decisions regarding the sale of revenue bonds.
LIMITATIONS
Bidders are restricted sources to all officeholders and to any City officials in the department that solicited the bid or will award the contract. As a result, bidders cannot give gifts totaling more than $100 in a calendar year to those individuals. If a bidder is also a lobbyist or lobbying firm, it cannot give a gift of any value to those individuals.
Depending on who must approve a contract, campaign contributions and certain fundraising activity may be prohibited for bidders on contracts of $100,000 or more, their principals, their subcontractors of $100,000 or more, and the principals of those subcontractors. The prohibitions apply when a contract must be approved by an elected City office.
| If contract must be approved by office of: | Contributions and fundraising activity are prohibited for: |
| City Council | All City candidates and officeholders |
| Mayor | Mayor and candidates for Mayor |
| City Attorney | City Attorney and candidates for City Attorney |
| Controller | Controller and candidates for Controller |
The prohibitions begin the day the bid is submitted or, in non-competitive procurement processes, the day the potential contract is first discussed. For unsuccessful bidders, the prohibitions end the day the contract is signed. For successful bidders, the prohibitions end one year after they sign the contract.
DEBARMENT
If the Ethics Commission members determine that a person violated a law regarding Form 55, Form 56, or the limitations on contributions and fundraising—and determine that mitigating circumstances do not exist—that person may not bid on or be considered for any City contract, extension, or amendment.
Debarment lasts one year for the first violation, two years, for a second violation, three years for a third violation, and four years for all subsequent violations.
The Debarment Regulations provide more details.
WHAT DO I FILE?
If any of the following forms are included in the contract solicitation package (e.g. RFP, RFQ, RFB, etc.) or your required contracting documents, please complete and submit with your bid package.
These forms are filed with your bid package to the department advertising the contract opportunity, not with the Ethics Commission.
Form RequiredDue DateBy the bid due date with your bid package.By the bid due date with your bid package.By the bid due date with your bid package.
Bidder Certification (Form 50)FREQUENTLY ASKED QUESTIONS
For questions regarding specific scenarios, please contact us prior to taking action.
Can a bidder make a campaign contribution to a City candidate?
It depends on a variety of factors, including the type and value of the contract, when the bid was submitted, who must approve the contract, when the contract was signed, and whether the bidder won the contract. Details about how these factors apply are discussed in Contributions and Fundraising. If the bidder is prohibited from making a campaign contribution, the bidder’s principals, subcontractors of $100,000 or more, and the principals of those subcontractors are also prohibited. Bidders, principals, and subcontractors must be disclosed on Form 55 or Form 56.
Can a bidder give a holiday gift basket to the department that solicited bids?
Possibly. A bidder is a restricted source to all officeholders and any City officials who work in the department that solicited bids, and the bidder cannot give those individuals gifts that are valued at more than $100 per calendar year. For a gift that is addressed and given to the entire department, such as a holiday basket, the per-person value is determined by dividing the total value of the gift by the number of individuals on the staff. As long as the per-person value of the gift basket is $100 or less, then it is permitted. However, if the bidder also qualifies as a lobbyist or lobbying firm, then it cannot give gifts of any value to officeholders or City officials, and the gift basket is prohibited for those individuals.
I am a bidder who submitted a Form 55 with my bid documents, but one of my subcontractors has changed since then. What do I need to do?
You must submit an amended form to the department that solicited the bids within 10 business days after the change occurred.
There are three types of disclosure forms that may be required of bidders. Detailed filing requirements may be found under “What Do I File?”. The contractor requirements also apply if a bidder is an existing contractor.
Failing to submit a form when required to do so may result in a bidder being deemed non-responsive in a competitive procurement process.
To acknowledge that they understand and agree to comply with the lobbying laws if they qualify as lobbying entities, bidders on the following types of contracts must submit Form 50 (Bidder Certification) with their bids.
- Goods and services contracts worth at least $25,000 and lasting at least three months.
- Financial assistance contracts worth at least $100,000 and lasting any length of time.
- Construction contracts, leases, and licenses of any value and any duration.
Bidders other than underwriters must submit Form 55 with their bids to disclose their principals and subcontractors if the contract they are bidding on has an anticipated value of $100,000 or more and requires approval by an officeholder.
Underwriting bidders must submit Form 56 with their bids and must also certify that neither they nor their principals, their subcontractors, and their subcontractors’ principals have given gifts of $50 or more or political contributions of $100 or more in the previous 12 months to any officeholders, board or commission members of the department letting the contract, or other City officials that have the authority to participate in or make decisions regarding the sale of revenue bonds.
Bidders are restricted sources to all officeholders and to any City officials in the department that solicited the bid or will award the contract. As a result, bidders cannot give gifts totaling more than $100 in a calendar year to those individuals. If a bidder is also a lobbyist or lobbying firm, it cannot give a gift of any value to those individuals.
Depending on who must approve a contract, campaign contributions and certain fundraising activity may be prohibited for bidders on contracts of $100,000 or more, their principals, their subcontractors of $100,000 or more, and the principals of those subcontractors. The prohibitions apply when a contract must be approved by an elected City office.
| If contract must be approved by office of: | Contributions and fundraising activity are prohibited for: |
| City Council | All City candidates and officeholders |
| Mayor | Mayor and candidates for Mayor |
| City Attorney | City Attorney and candidates for City Attorney |
| Controller | Controller and candidates for Controller |
The prohibitions begin the day the bid is submitted or, in non-competitive procurement processes, the day the potential contract is first discussed. For unsuccessful bidders, the prohibitions end the day the contract is signed. For successful bidders, the prohibitions end one year after they sign the contract.
If the Ethics Commission members determine that a person violated a law regarding Form 55, Form 56, or the limitations on contributions and fundraising—and determine that mitigating circumstances do not exist—that person may not bid on or be considered for any City contract, extension, or amendment.
Debarment lasts one year for the first violation, two years, for a second violation, three years for a third violation, and four years for all subsequent violations.
The Debarment Regulations provide more details.
If any of the following forms are included in the contract solicitation package (e.g. RFP, RFQ, RFB, etc.) or your required contracting documents, please complete and submit with your bid package.
These forms are filed with your bid package to the department advertising the contract opportunity, not with the Ethics Commission.
Form RequiredDue DateBy the bid due date with your bid package.By the bid due date with your bid package.By the bid due date with your bid package.
For questions regarding specific scenarios, please contact us prior to taking action.
Can a bidder make a campaign contribution to a City candidate?
It depends on a variety of factors, including the type and value of the contract, when the bid was submitted, who must approve the contract, when the contract was signed, and whether the bidder won the contract. Details about how these factors apply are discussed in Contributions and Fundraising. If the bidder is prohibited from making a campaign contribution, the bidder’s principals, subcontractors of $100,000 or more, and the principals of those subcontractors are also prohibited. Bidders, principals, and subcontractors must be disclosed on Form 55 or Form 56.
Can a bidder give a holiday gift basket to the department that solicited bids?
Possibly. A bidder is a restricted source to all officeholders and any City officials who work in the department that solicited bids, and the bidder cannot give those individuals gifts that are valued at more than $100 per calendar year. For a gift that is addressed and given to the entire department, such as a holiday basket, the per-person value is determined by dividing the total value of the gift by the number of individuals on the staff. As long as the per-person value of the gift basket is $100 or less, then it is permitted. However, if the bidder also qualifies as a lobbyist or lobbying firm, then it cannot give gifts of any value to officeholders or City officials, and the gift basket is prohibited for those individuals.
I am a bidder who submitted a Form 55 with my bid documents, but one of my subcontractors has changed since then. What do I need to do?
You must submit an amended form to the department that solicited the bids within 10 business days after the change occurred.
