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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 27. CONTRACTS AND PROCUREMENT |
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Chapter 27-10. DISTRICT OF COLUMBIA PROCUREMENT SYSTEM |
Section 27-1008. PROHIBITION AGAINST CONTINGENT FEES
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1008.1 The contracting officer shall ensure that each solicitation, other than those for small purchases, contains language approved by the Director giving notice to prospective contractors of the prohibition against contingent fee arrangements set forth in § 416 of the Act.
1008.2 The contracting officer shall ensure that the language required by § 416(b) of the Act is inserted into each contract, except contracts for small purchases.
1008.3 Except as permitted in § 416(b) of the Act, the contracting officer shall not award any contract to a contractor that has made arrangements to pay a contingent fee or other consideration for soliciting or obtaining the contract.
1008.4 If the contracting officer has reason to believe that a prospective contractor or contractor is or has been involved in a contingent fee arrangement prohibited under § 416 of the Act, the contracting officer shall inform the Director in writing, which shall include any evidence or documentation of the alleged prohibited arrangement.
1008.5 If the Director determines that a prohibited contingent fee has been paid or that a contractor has entered into an arrangement to pay a prohibited contingent fee under an existing contract, the Director shall have the right to terminate an existing contract or take any other remedial action authorized under § 416(b) of the Act.
1008.6 If the Director determines that a prospective contractor has entered into an arrangement to pay a prohibited contingent fee, he or she shall direct the contracting officer to notify the prospective contractor that it is no longer eligible for contract award.