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Department of Personnel & Administration <br /> TECHNICAL GUIDANCE <br /> SOLE SOURCE CONTRACTS AND CAMPAIGN CONTRIBUTIONS <br /> SOLE SOURCE GOVERNMENT CONTRACTS <br /> AS DEFINED IN COLORADO CONSTITUTION ARTICLE XXVIII <br /> This provision applies only to sole source government contracts and does not apply to any <br /> contract which used a public and competitive bidding process in which the State agency or <br /> institution of higher education solicited at least three bids prior to awarding the contract. <br /> Contractor certifies, warrants, and agrees that it has complied and will comply with Colorado <br /> Constitution Article XXVIII, including but not necessarily limited to the following prohibitions and <br /> obligations; <br /> 1. If during the term of the contract, contractor holds sole source government contracts <br /> with the State of Colorado and any of its political subdivisions cumulatively totaling <br /> more than$100,000 in a calendar year,then for the duration of this contract and for <br /> two years after, contractor will not make, cause to be made, or induce by any means <br /> a contribution,directly or indirectly, on behalf of contractor or contractor's immediate <br /> family member(s)for the benefit of any political party or for the benefit of any <br /> candidate any elected office of the State or any of its political subdivisions; and <br /> 2. Contractor represents that contractor has not previously made or caused to be <br /> made, and will not in the future make or cause to be made, any contribution intended <br /> to promote or influence the result of a ballot issue election related to the subject <br /> matter of this contract;and <br /> 3. Contractor will satisfy contractor's obligations to promptly report to the Colorado <br /> Department of Personnel&Administration information included in the Government <br /> Contract Summary and the Contract Holder Information, regarding this contract and <br /> any other sole source government contracts to which contractor is a party;and <br /> 4. Contractor understands that any breach of this section or of Contractor's <br /> responsibilities under Colorado Constitution Article XXVIII may result in either <br /> contractual or constitutionally mandated penalties and remedies;and <br /> 5. A Contractor that intentionally violates Colorado Constitution Article XXVIII, Section <br /> 15 or 17(2), shall be ineligible to hold any sole source government contract, or public <br /> employment with the state or any of its political subdivisions for three years;and <br /> 6. By execution of this contract, Contractor hereby confirms it is qualified and eligible <br /> under such provisions to enter into this contract. <br /> For purposes of this clause,the term"contractor"shall include persons that control ten percent <br /> or more shares or interest in contractor, as well as contractor's officers, directors, and trustees. <br /> The term "immediate family member"shall include a spouse, child, spouse's child,son-in-law, <br /> daughter-in-law, parent, sibling, grandparent, grandchild, stepbrother, stepsister, stepparent, <br /> parent-in-law, brother-in-law, sister-in-law, aunt, niece, nephew, guardian,or domestic partner. <br /> Issued by the Department of Personnel&Administration Date Issued:1/1/09 <br /> State of Colorado <br />