Contract Bidder Campaign Contribution and Fundraising Restrictions (Charter Amendment H) Applies to All LAWA Projects valued at $100,000 or more, however the Compliance Certification Forms Bidder CEC 55 is project specific, the RFB/RFP will specify if it is the form is required.
On March 8, 2011, Los Angeles voters passed Charter Amendment H (Contract Bidder Campaign Contribution and Fundraising Restrictions), which restricts certain City bidders from making campaign contributions to and fundraising for certain City candidates and officeholders. The measure was filed with the Secretary of State and became effective on Friday, April 8, 2011.
Details:
- Overview of Charter Amendment H
The new law prohibits persons who respond to City contract solicitations (bidders) from making campaign contributions to or engaging in prohibited fundraising activity for elected City officials, candidates for elective City office, and City committees controlled by elected City officials or candidates.
- Projects subject to Charter Amendment H (Contract Bidder Campaign Contribution and Fundraising Restrictions) will contain the following Administrative Requirement:
Persons who submit a response to this Request for Bid/Proposal/Qualifications are subject to Charter section 470(c)(12) and related ordinances. As a result, bidders/proposers/respondents may not make campaign contributions to and or engage in fundraising for certain elected City officials or candidates for elected City office from the time they submit the response until either the contract is approved or, for successful bidders/proposers/respondents, 12 months after the contract is signed. The bidder's/proposer’s/respondents’ principals and subcontractors performing $100,000 or more in work on the contract, as well as the principals of those subcontractors, are also subject to the same limitations on campaign contributions and fundraising.
Bidders/Proposers/Respondents must submit CEC Form 55 (attached) to LAWA with their bid/proposal/Statement of Qualifications. The form requires bidders to identify their principals, their subcontractors performing $100,000 or more in work on the contract, and the principals of those subcontractors. Bidders/Proposers/Respondents must also notify their principals and subcontractors in writing of the restrictions and include the notice in contracts with subcontractors. Responses submitted without a completed CEC Form 55 shall be deemed nonresponsive. Bidders/Proposers/Respondents who fail to comply with City law may be subject to penalties, termination of contract, and debarment.
Attachment:
- Los Angeles City Ethics Commission Special Bulletin, available at New Charter Amend Limits Bidder Bulletin
- Bidder Contributions CEC Form 55
- Bidder Contributions CEC Form 56
Additional information regarding the Charter Amendment H may be obtained at City Ethics Commission, 200 N. Spring Street, City Hall, 24th Floor, Los Angeles, California 90012; phone: (213) 978-1960, fax: (213) 978-1988, email: ethics.commission@lacity.org, web: http://ethics.lacity.org
For further information regarding this and other administrative requirements, please contact: Los Angeles World Airports, Procurement Services Division (former Contract Services Division), P.O.Box 92216, Los Angeles, CA 90009-2216; phone: (424) 646-5380, fax: (424) 646-9262, e-mail: procurementrequirements@lawa.org
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