Section 27-2221. CONFLICTING CONTRACTOR INVOLVEMENT

 

2221.1A contractor that provides systems engineering and technical direction for a system, but does not have overall contractual responsibility for its development, integration, assembly and checkout, or production, shall not be awarded any of the following:

 

(a)A contract to supply the system or any of its major components;

 

(b)A subcontract to supply the system or any of its major components; or

 

(c)A consulting contract with a supplier of the system or any of its major components.

 

2221.2If a contractor prepares and furnishes complete specifications covering nondevelopmental items to be used in a competitive procurement, that contractor shall not be allowed to furnish those items, either as a prime contractor or as a subcontractor, for a reasonable period of time to include at least the duration of the initial production contract. This subsection shall not apply to the following;

 

(a)Contractors that furnish, at District request, specifications or data regarding a product they provide, even though the specifications or data may have been paid for separately or in the price of the product; and

 

(b)Contractors acting as industry representatives that assist District agencies prepare, refine, or coordinate specifications, regardless of source, when the assistance is supervised and controlled by District representatives.

 

2221.3If a single contractor drafts complete specifications for nondevelopmental equipment, the contractor shall be eliminated for a reasonable time from competition for production based on those specifications.

 

2221.4If a contractor prepares, or assists in preparing, a work statement to be used in competitively procuring a system or services, or provides material leading directly, predictably, and without delay to this type of work statement, that contractor shall not supply the system or services unless one (1) or more of the following apply:

 

(a)The contractor is the sole source;

 

(b)The contractor has participated in the developmental and design work; or

 

(c)More than one (1) contractor has been involved in preparing the work statement.

 

2221.5A contract involving technical evaluation of other contractors' offers, products, or consulting services shall not be awarded to a contractor that would evaluate or advise the District concerning its own products or activities, or those of a competitor, without proper safeguards to ensure objectivity and protect the District's interests.

 

source

Final Rulemaking published at 35 DCR 1541 (February 26, 1988).