Section 27-2222. PROCEDURES FOR AVOIDING CONFLICTS

 

2222.1When information concerning prospective contractors is necessary to identify and evaluate potential organizational conflicts of interest or to develop recommended actions, the contracting officer shall seek the information from within the District or from other readily available sources.

 

2222.2Before issuing a solicitation for a contract that may involve a significant potential conflict, the contracting officer shall recommend to the head of the contracting agency a course of action for resolving the conflict.

 

2222.3If the contracting officer initially decides that a particular procurement involves a significant potential organizational conflict of interest, before issuing the solicitation the contracting officer shall submit the following to the head of the contracting agency for approval:

 

(a)A written analysis, including a recommended course of action for avoiding, neutralizing, or mitigating the conflict;

 

(b)A draft solicitation provision; and

 

(c)When appropriate, a proposed contract clause.

 

2222.4The head of the contracting agency shall do the following:

 

(a)Review the contracting officer's analysis and recommended course of action, including the draft provision and any proposed clause;

 

(b)Consider the benefits and detriments to the District and prospective contractors; and

 

(c)Approve, modify, or reject the recommendation in writing.

 

2222.5After receiving a response from the head of the contracting agency, the contracting officer shall do the following:

 

(a)Include an approved provision and any approved clause in the solicitation;

 

(b)Consider additional information provided by prospective contractors in response to the solicitation or during negotiations; and

 

(c)Before awarding the contract, resolve the potential conflict in a manner consistent with the approval or other direction by the head of the contracting agency.

 

2222.6Any solicitation that may involve a significant potential organizational conflict of interest shall contain a provision which describes the following:

 

(a)The nature of the potential conflict as seen by the contracting officer;

 

(b)The nature of the proposed restraint upon future contractor activities; and

 

(c)Depending on the nature of the procurement, whether the terms of any proposed conflicts clause and the application of the provisions of §§2220 through 2222 to the contract are subject to negotiation.

 

2222.7If, as a condition of award, a contractor's eligibility for future prime contract or subcontract awards would be restricted or a contractor would have to agree to some other restraint, the solicitation shall contain a conflicts clause, approved by the Director, that specifies both the nature and duration of the proposed restraint. The contracting officer shall include the conflicts clause in the contract.

 

2222.8Any restraint imposed by a conflicts clause shall be limited to a fixed term of reasonable duration which is sufficient to avoid the circumstance of unfair competitive advantage or potential bias. In each case, the restriction shall specify termination by a specific date or upon the occurrence of an identifiable event.

 

2222.9The head of the contracting agency may waive any requirement of §§2220 through 2222, except a requirement subject to approval by the Director, if the head of the contracting agency determines in writing that the application of the rule of procedure in a particular situation would not be in the best interests of the District. Each request for a waiver shall be in writing, and shall describe the nature of the conflict and the justification for the waiver.

 

source

Final Rulemaking published at 35 DCR 1542 (February 26, 1988).