Sec. 33.09.03.07. Anti-Bribery and Anti-Debarment Affidavits

A. Definitions.

(1) In this regulation, the following terms have the meanings indicated.

(2) Terms Defined.

(a) "Controlling stockholder" means a stockholder who:

(i) Owns more than 25 percent of the voting stock of a corporation; or

(ii) Notwithstanding the number of shares that the stockholder owns, has the power to direct or control the direction of the management or policies of a corporation.

(b) "Convicted" includes an accepted plea of nolo contendere.

(c) "Principal" means:

(i) A sole proprietor;

(ii) A partner, officer, director, or controlling stockholder; or

(iii) An employee directly involved in the process of obtaining contracts with public bodies.

(d) "Public body" means:

(i) The United States;

(ii) Any state, territory, or possession of the United States; or

(iii) Any political subdivision of a state, territory, or possession of the United States.

B. Scope. An affidavit shall be submitted under this regulation separately for:

(1) The applicant; and

(2) If the applicant is not the manufacturer of the voting system, the manufacturer.

C. Contents. The affidavit shall state whether, to the best of the vendor's/manufacturer's knowledge, the vendor/manufacturer or any principal in the vendor's/manufacturer's business:

(1) Has been convicted under the laws of any public body of bribery, attempted bribery, or conspiracy to bribe;

(2) Has been convicted under the laws of any public body of:

(a) A criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract, or

(b) Fraud, embezzlement, theft, forgery, falsification or destruction of records, or receiving stolen property;

(3) Has been convicted under the laws of any public body of a criminal violation of an antitrust statute;

(4) Has been convicted of a violation of the Racketeer Influenced and Corrupt Organization Act or of the Mail Fraud Act for acts in connection with the submission of bids or proposals for a public or private contract;

(5) Has been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction under any of the laws or statutes described in §C(1)-(4) of this regulation;

(6) During the course of an official investigation or other proceeding, has admitted, in writing or under oath, an act or omission that would constitute bribery, attempted bribery, or conspiracy to bribe under the laws of any public body;

(7) Has been found civilly liable under an antitrust statute of any public body for acts or omissions in connection with the submission of bids or proposals for a public or private contract;

(8) Has ever been debarred or suspended from doing business with any public body or any agency, instrumentality, or unit of a public body; or

(9) Is a principal, successor, assignee, subsidiary, or affiliate of any other person who has:

(a) Been convicted under any of the laws or statutes described in §C(1)-(5) of this regulation,

(b) Made an admission described in §C(6) of this regulation,

(c) Been found civilly liable for an act or omission described in §C(7) of this regulation, or

(d) Been debarred or suspended as described in §C(8) of this regulation.