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  4. Consultant Services Conflict of Interest

Consultant Services Conflict of Interest

Conflict of Interest Guidance and Forms

Per 23 CFR 1.33 (Conflicts of Interest), No person performing services for the Department/LG in connection with a project shall have, directly or indirectly, a financial or other personal interest, other than employment or retention by the Department/LG in a contract or subcontract for such project. Refer to the UDOT Guidance for Consultant Conflict of Interest for additional information. UDOT Policy 05‐30 (Code of Ethics and Conflict of Interest) defines the expectations of employee ethical and responsible behavior with regard to conflicts of interest, private business activities, and rules with which employees are expected to comply.

All individuals involved in the procurement of consultants are required to sign the Conflict of Interest and Confidentiality Form. Individuals must affirm or certify they have no conflict of interest either real or potential as to any matter which is entrusted to them in their job or assignment. Additionally, they must disclose a potential conflict of interest prior to receiving consultant or contractor proposals. Individuals must also certify they will maintain confidentiality.

UDOT Conflict of Interest Committee
UDOT’s Project Development Division has created a Conflict of Interest Committee to review and and address potential conflict of interest concerns on a case‐by‐case basis. The disclosed information is forwarded to the Consultant Services Manager for screening who makes a determination or forwards the information to the Conflict of Interest Committee to address.

Consultant Acting as UDOT Project Manager, Consultant Services Support and/or Program Management Support Conflict of Interest
When UDOT retains consultants to perform UDOT Project Management Services, Consultant Services Support and/or Program Management Support, consultants in these roles must represent UDOT in an equitable, ethical, and unbiased manner. Consultants acting in any of these roles must inquire about and disclose potential conflicts of interest between their firm, the other consultants they manage, and the project(s). All potential conflicts of interest must be disclosed to the UDOT program manager. In cases of potential conflicts of interest, the UDOT program manager and the consultant will work together to determine how to best mitigate the conflict.

Construction Engineering and Design by Same Consultant Conflict of Interest
UDOT may retain consultants to perform both design and construction engineering management (CEM) on the same project. UDOT recognizes there are times when having the same consultant perform both design and CEM is advantageous. However, UDOT is aware there may be negative perceptions among consultants or potential conflicts of interest when a consultant performing CEM for a project also performs the design services for the same project. FHWA outlines this potential conflict in the Consultant Services Procurement, Management, and Administration of Engineering and Design Related Services – Questions and Answers Section VIII.

UDOT project management teams must consider and evaluate possible conflicts of interest when selecting a consultant resident engineer employed by the same design consultant team. If the UDOT project management team considers selecting a resident engineer employed by the same design consultant team, they will be required to submit documentation with an explanation of benefits to the Director of Project Development or the Director of Preconstruction for approval prior to the consultant selection. This requirement does not apply to LG projects. LGs will be advised of UDOT’s concerns and allowed to determine their own ways of resolving potential conflicts of interest.

Environmental Conflict of Interest
If a consultant is selected to prepare an EIS for a project, the consultant team must affirm that they have no financial or other interest in the outcome of the environmental project nor do they have any agreement, enforceable promise, or guarantee to provide future work on the project.
As part of the contract documents, the consultant and any subconsultants must provide a signed Conflict of Interest Disclosure Statement – Environmental Documents.

DB Conflict of Interest
The UDOT Conflict of Interest Committee will review any potential conflict of interest in DB projects. Specific details regarding individual and organizational conflict for DB teams are outlined by UDOT’s Innovative Contracting Division in each DB project’s RFQ/RFP. For DB program management services, if eligible subconsultants to the prime consultant choose to pursue participation on the DB team, they and the program management consultant, will be required to submit a mitigation plan to UDOT and receive UDOT approval of that plan.