Brief verbal testimony on Bill 52 focused on when bidders should divulge financial and ownership information in the government procurement process.

Sen. Sabina Perez’s measure aims to expand the procurement law and require bidders to provide ownership, financial interest information and conflict of interest information before a government contract is awarded and through the life of the contract.

“I think it’s important that we provide really proactive measures when it comes to ensuring that our public funds are spent properly and used effectively, increasing transparency in our system,” Perez said.

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Local attorney John Thomas Brown said the disclosures shouldn’t be required when the bid opens.

“You’re asking too much to have that disclosed at bid opening,” Brown said. “Responsibility is not determined at bid opening, the law tells us that. The regulations make that clear. I don’t think it’s appropriate or productive to make that information necessarily disclosed at bid opening.”

Claudia Acfalle, chief procurement officer for the General Services Agency, said it’d be better to have disclosures submitted with the bid package at bid opening. If disclosures are included in bid packages, when the offers are analyzed, staff can identify possible collusion.

“Like sister companies submitting the same bid,” Acfalle said. “That’s why we see the importance of submitting the affidavit with their bid packets.”

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Sen. Joanne Brown said public money is being used in government contracts and “we want to make sure people are up front and we know who we’re dealing with.”  

The bill states that failure to disclose the information would be a material breach of contract.

“The bill does have some teeth,” Perez said.

Perez will continue to receive testimony on the measure until Feb. 17.  

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