1. (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.
2. (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.
3. (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.

Note: Authority cited: Section 32336, Public Resources Code; and Section 4526, Government Code. Reference: Section 32344, Public Resources Code; Sections 4526 and 4529.12, Government Code; and Article XXII, Sections 1 and 2, California Constitution.

History

1. New section filed 7-10-2025; operative 7-10-2025 pursuant to Government Code section 11343.4(b)(3) (Register 2025, No. 28).