Conflict of Interest

Conflict of Interest

Conflict of Interest Conflict of Interest requirements in RFQ. What are some of the common Conflict of Interest Scenarios. How to find out about the conflict of Interest before submitting SOQ.

RFQ Requirements • All professional and technical services provided and the resulting deliverables produced by the Consultant shall be free of any conflict of interest.

RFQ Requirements • Any person, firm or subsidiary thereof who has provided or is currently providing engineering services to construction contractor(s) on any Department of Transportation project listed in the scope of this RFQ may not compete either as a prime consultant for, or participate as a subconsultanton the contract resulting from this RFQ.

RFQ Requirements • Prospective consultants and subconsultants shall disclose and briefly describe any financial, business or other relationship with the California Department of Transportation (Caltrans), California Transportation Commission (CTC), Bay Area Toll Authority (BATA) and Metropolitan Transportation Commission (MTC).

RFQ Requirements • By submitting an SOQ, the successful consultant agrees that, prior to providing engineering services to any construction contractor on any Department of Transportation project listed in the scope of this RFQ, it will disclose that potential business relationship and seek the California Department of Transportation’s consent to render those services.

Common Conflict of Interest Scenarios • Performing Design and Construction Inspection services on the same project. • Performing Design and Construction Claim services on the same project. • Performing Quality Control for Contractor and Quality Assurance for the Department on same project.

Common Conflict of Interest Scenarios • Performing Quality Control for Contractor on one project and Quality Assurance for the Department on a different project for the same contractor. • Performing Construction Inspection and Construction Claims on same project. • Performing Quality Control for Contractor and Construction Claims for the Department on any project with the same contractor.

Common Conflict of Interest Scenarios Former State Employees • Government Code section 87400 et seq. places a one year ban on former officials from accepting compensation to act as the agent, attorney or representative of another person or entity for purposes of influencing their former governmental employer through oral or written communications.

Common Conflict of Interest Scenarios Former State Employees Pub. Contract Code §10411 For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

Common Conflict of Interest Scenarios Former State Employees • Government Code section 87400 et seq. places a Permanent ban on a former official from acting as an agent or attorney in a covered proceeding or from assisting another to so act when the prior employee had been previously involved in the proceeding or contact as a government employee.

Please Understand • We are a public entity so if it appears to be a conflict, we avoid it. • If you think you may have a possible conflict, please contact DPAC at any time. .

Conflict of Interest Questions?

Conflict of Interest