Conflict of interest.

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(1) In addition to any other applicable laws, the provisions of this section shall apply to contracts entered into pursuant to this part 5.

(2) (a) The following individuals shall not solicit or accept, directly or indirectly, any personal benefit or promise of a benefit from an entity or a person negotiating, doing business with, or planning, within the individual's knowledge, to negotiate or do business with the contracting agency:

  1. A member of, or any other person or entity under contract with, any governmentalbody that exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the project, including but not limited to any employee of the contracting agency or any person serving as the monitor of a personal services contract; or

  2. A member of the immediate family of any individual described in subparagraph (I) of this paragraph (a).

(b) No individual described in paragraph (a) of this subsection (2) shall use his or her position, influence, or information concerning such negotiations, business, or plans to benefit himself or herself or another.

(3) A contractor shall agree that, at the time of contracting, the contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the contractor's services. The contractor shall further covenant that, in the performance of the contract, the contractor shall not employ any person having any such known interests.

Source: L. 93: Entire part added, p. 284, § 1, effective April 7.


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