City Departments are required to provide bidders and potential bidders with certain information during the bidding process.
Whenever a department seeks to enter into a contract that could have a value of $100,000 or more in a fiscal year, and may require the approval of a City elective officer, the contracting department must inform potential bidders of the following:
- Submission of a proposal in response to the bid, RFP or RFQ could subject the bidder to restrictions under Campaign and Governmental Conduct Code section 1.126, which prohibits City contractors, bidders, and their affiliates from making political contributions to certain City elective officers and candidates; and
- Before submitting a proposal in response to the bid, RFP or RFQ, bidders are required to notify their affiliates and subcontractors of the political contribution restrictions set forth in Campaign and Governmental Conduct Code section 1.126.
Departments should also refer potential bidders to sfethics.org for more information.
Additionally, after a department enters into a contract that has a value of $100,000 or more in a fiscal year that requires the approval of a City elective officer, the department must notify any party to the contract of the political contribution restrictions set forth in Campaign and Governmental Conduct Code section 1.126. The department must also notify each party of the term of the restriction, which runs until twelve months after the date on which the contract was approved. The department should specify the date on which the contract was approved.
For the purposes of section 1.126, affiliate includes any member of the board of directors of a named party or prospective party to a contract, any principal officer of a named party or prospective party to a contract, any person with an ownership interest of more than 10 percent in a named party or prospective party to a contract, any subcontractor listed in a proposal or a contract, and any committee as defined in Chapter 1 of the Campaign and Government Conduct Code that is sponsored or controlled by the named party or prospective named party. Principal officers include, but are not limited to, an entity’s chairperson, CEO, CFO, COO and similar positions, including any person who directs or participates in directing the affairs and activities of the named party or prospective names party.