Cal. Code Regs. Tit. 14, § 40412 - Prohibited Practices and Conflict of Interest
(a) Practices that might result in unlawful
activity, including rebates, kickbacks, or other unlawful consideration are
strictly prohibited. The Department shall require a contract entered into
pursuant to this chapter to include a provision in which the firm certifies
that the contract was not obtained through rebates, kickbacks, or other
unlawful considerations either promised or paid to a Department employee. In
addition to any other applicable legal proscriptions, failure to adhere to the
certification may be cause for contract termination and recovery of damages
under the rights and remedies due the Department under the default provision of
the contract.
(b) A Department
employee shall not participate in the selection process if the employee has a
relationship with a person or business entity seeking a contract which would
subject that employee to the prohibition of Government Code section
87100.
(c) Nothing in this chapter shall be
construed to abridge the obligation of the Department or the firm to comply
with all laws regarding political contributions, conflicts of interest, or
unlawful activities.
Notes
Note: Authority cited: Section 4526, Government Code; and Section 14306, Public Resources Code. Reference: Sections 4526 and 4529.12, Government Code; and Article XXII, Sections 1 and 2, California Constitution.
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