contractors

Contractors

A contractor is a person who is a party to or performs under a contract with the City or one of its departments.

REQUIREMENTS

New Bids

If an existing contractor bids or otherwise responds to a solicitation for a qualifying contract, the bidder requirements may apply in addition to the contractor requirements.

Amendments

If a contractor had to submit Form 55 (Prohibited Contributors [Bidders]) or Form 56 (Prohibited Contributors [Underwriters]) with its bid documents, then the contractor is required to amend those forms whenever a change occurs to the information previously disclosed. Amendments must be filed with the department that solicited the bid or awarded the contract within 10 business days of the change.

Some contracts do not meet the value or approval thresholds that trigger the Form 55 or Form 56 filing requirements until an amendment or extension is approved. When an amendment or extension triggers the filing requirements for the first time, the existing contractor must submit the appropriate form.

Detailed filing requirements can be found under “What Do I File?”.

LIMITATIONS

Gifts

Contractors are restricted sources to all officeholders and to any City official in the department that solicited the bid or awarded the contract. As a result, contractors cannot give gifts totaling more than $100 in a calendar year to those individuals. If a contractor is also a lobbyist or lobbying firm, it cannot give a gift of any value to those individuals.

Contributions and Fundraising

For contracts with a value of $100,000 or more, campaign contributions and certain fundraising activity may be prohibited for contractors, their principals, their subcontractors of $100,000 or more, and the principals of those subcontractors. The prohibitions apply when a contract was approved by an elected City office.

If contract must be approved by office of:Contributions and fundraising activity are prohibited for:
City CouncilAll City candidates and officeholders
MayorMayor and candidates for Mayor
City AttorneyCity Attorney and candidates for City Attorney
ControllerController and candidates for Controller

The prohibition begins the day the bid was submitted or, in non-competitive procurement processes, the day the contract was first discussed, and it ends 12 months after the contract is awarded.

If an amendment requires approval by an officeholder or makes the anticipated value of the contract reach $100,000 or more for the first time, then the limitations on campaign contributions and fundraising apply from the date the department first discusses the amendment until 12 months after the contract amendment is approved, rejected, or withdrawn.

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?

FREQUENTLY ASKED QUESTIONS

For questions regarding specific scenarios, please contact us prior to taking action.

  • Can a contractor 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 contract was awarded, who approved the contract, when the contract was signed, and what types of amendments have been discussed. Details about how these factors apply are discussed in Contributions and Fundraising. If the contractor is prohibited from making a campaign contribution, the contractor’s principals, subcontractors of $100,000 or more, and the principals of those subcontractors are also prohibited. Contractors, principals, and subcontractors must be disclosed on Form 55 (Prohibited Contributors [Bidders]) or Form 56 (Prohibited Contributors [Underwriters]).

  • Can a contractor give a holiday gift basket to the department that awarded the contract?

    Possibly. A contractor is a restricted source to all officeholders and any City officials who work in the department that awarded the contract, and the contractor 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 contractor 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 City contractor who submitted a Form 55 with my bid documents. Since then, one of my subcontractors has changed. What do I need to do?

    You must submit an amended form to the department that awarded the contract within 10 business days after the change occurred.

  • I have a contract to provide office supplies to a City department. The contract was originally valued at $85,000, so I was not required to file Form 55 when I submitted my bid. Now the department wants to amend the contract to increase the total value to $105,000, and they are saying the City Council has to approve the amendment. Do I need to file Form 55 now?

    Yes. Because the amendment requires approval by an officeholder and will make the value of the contract exceed $100,000 for the first time, you must file a Form 55. In addition, the prohibitions against campaign contributions to and fundraising for officeholders and City candidates applies to you, your principals, your subcontractors of $100,000 or more, and the principals of those subcontractors. Details can be found under “Limitations”.

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REQUIREMENTS

New Bids

If an existing contractor bids or otherwise responds to a solicitation for a qualifying contract, the bidder requirements may apply in addition to the contractor requirements.

Amendments

If a contractor had to submit Form 55 (Prohibited Contributors [Bidders]) or Form 56 (Prohibited Contributors [Underwriters]) with its bid documents, then the contractor is required to amend those forms whenever a change occurs to the information previously disclosed. Amendments must be filed with the department that solicited the bid or awarded the contract within 10 business days of the change.

Some contracts do not meet the value or approval thresholds that trigger the Form 55 or Form 56 filing requirements until an amendment or extension is approved. When an amendment or extension triggers the filing requirements for the first time, the existing contractor must submit the appropriate form.

Detailed filing requirements can be found under “What Do I File?”.

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LIMITATIONS

Gifts

Contractors are restricted sources to all officeholders and to any City official in the department that solicited the bid or awarded the contract. As a result, contractors cannot give gifts totaling more than $100 in a calendar year to those individuals. If a contractor is also a lobbyist or lobbying firm, it cannot give a gift of any value to those individuals.

Contributions and Fundraising

For contracts with a value of $100,000 or more, campaign contributions and certain fundraising activity may be prohibited for contractors, their principals, their subcontractors of $100,000 or more, and the principals of those subcontractors. The prohibitions apply when a contract was approved by an elected City office.

If contract must be approved by office of:Contributions and fundraising activity are prohibited for:
City CouncilAll City candidates and officeholders
MayorMayor and candidates for Mayor
City AttorneyCity Attorney and candidates for City Attorney
ControllerController and candidates for Controller

The prohibition begins the day the bid was submitted or, in non-competitive procurement processes, the day the contract was first discussed, and it ends 12 months after the contract is awarded.

If an amendment requires approval by an officeholder or makes the anticipated value of the contract reach $100,000 or more for the first time, then the limitations on campaign contributions and fundraising apply from the date the department first discusses the amendment until 12 months after the contract amendment is approved, rejected, or withdrawn.

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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.

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WHAT DO I FILE?

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FREQUENTLY ASKED QUESTIONS

For questions regarding specific scenarios, please contact us prior to taking action.

  • Can a contractor 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 contract was awarded, who approved the contract, when the contract was signed, and what types of amendments have been discussed. Details about how these factors apply are discussed in Contributions and Fundraising. If the contractor is prohibited from making a campaign contribution, the contractor’s principals, subcontractors of $100,000 or more, and the principals of those subcontractors are also prohibited. Contractors, principals, and subcontractors must be disclosed on Form 55 (Prohibited Contributors [Bidders]) or Form 56 (Prohibited Contributors [Underwriters]).

  • Can a contractor give a holiday gift basket to the department that awarded the contract?

    Possibly. A contractor is a restricted source to all officeholders and any City officials who work in the department that awarded the contract, and the contractor 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 contractor 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 City contractor who submitted a Form 55 with my bid documents. Since then, one of my subcontractors has changed. What do I need to do?

    You must submit an amended form to the department that awarded the contract within 10 business days after the change occurred.

  • I have a contract to provide office supplies to a City department. The contract was originally valued at $85,000, so I was not required to file Form 55 when I submitted my bid. Now the department wants to amend the contract to increase the total value to $105,000, and they are saying the City Council has to approve the amendment. Do I need to file Form 55 now?

    Yes. Because the amendment requires approval by an officeholder and will make the value of the contract exceed $100,000 for the first time, you must file a Form 55. In addition, the prohibitions against campaign contributions to and fundraising for officeholders and City candidates applies to you, your principals, your subcontractors of $100,000 or more, and the principals of those subcontractors. Details can be found under “Limitations”.

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PUBLIC DATA PORTAL

Search Former Website: Campaign | Lobbying

Search:
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