Section 27-2299. DEFINITIONS


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    2299.1When used in this chapter, the following terms and phrases shall have the meanings ascribed:

     

    Adequate evidence - information sufficient to support the reasonable belief that a particular act or omission has occurred.

     

    Affiliate - An individual or firm that controls, is controlled by, or is under common control with another individual or firm.

     

    Commercial product - a product, item, material, component, subsystem, or system that is sold or traded to the general public in the course of normal business operations at an established catalog price or market price.

     

    Contract administrator - the individual responsible for overseeing the conduct of contract work.

     

    Contractor team arrangement - an arrangement under which two (2) or more individuals or businesses form a partnership or joint venture to act as a potential prime contractor, or an arrangement under which a potential prime contractor agrees with one (1) or more other individuals or businesses to have them act as its subcontractors under a specified District contract or procurement program.

     

    Conviction - a judgment of guilt of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, including a judgment entered upon a plea of nolo contendere.

     

    Debarment - action taken by the Director to exclude a contractor from District contracting and District-approved subcontracting for a reasonable, specified period. A contractor so excluded is "debarred."

     

    Director - the Director of the Office of Contracting and Procurement or the District of Columbia Chief Procurement Officer.

     

    Indictment - an accusation in writing found and presented by a grand jury to the court charging that a named person has committed a criminal offense, including any information or other filing by a competent prosecuting authority charging a criminal offense.

     

    Ineligible - excluded from District contracting or subcontracting under authority of federal statute or regulation applicable to the District (such as the Davis-Bacon Act, 40 U.S.C. §§276a-276a-7, the Service Contract Act, 41 U.S.C. §§351-358, or the Equal Employment Opportunity Act of 1972, 5 U.S.C. §§5108, 5314 et seq., and 42 U.S.C. §2000e), or excluded under authority of a District statute or regulation other than the Act or the D.C. procurement regulations.

     

    Legal proceedings - any civil judicial proceeding to which the District is a party or any criminal proceeding, including appeals from these proceedings.

     

    List of debarred, suspended, and ineligible contractors - a list compiled, maintained, and distributed by the Department of Administrative Services which contains the names of contractors debarred or suspended under the provisions of this chapter, as well as contractors declared ineligible under other statutory or regulatory authority.

     

    Organizational conflict of interest - when the nature of the work to be performed under a proposed District contract might, without some restraint on future activities, result in an unfair competitive advantage to a contractor or impair a contractor's objectivity in performing contract work.

     

    Preaward survey - a detailed review (sometimes on-site) of a contractor to ascertain information sufficient to make a determination regarding responsibility.

     

    Suspension - action taken by the Director to disqualify a contractor temporarily from District contracting and District-approved subcontracting. A contractor so disqualified is "suspended."

     

    Systems engineering - developmental, analytical, or other non-production activities, including determining specifications, identifying and resolving interface problems, developing test requirements, evaluating test results, or supervising design.

     

    Technical direction - a combination of activities including developing work statements, determining parameters, directing other contractors' operations, and resolving technical controversies.

     

authority

The Chief Procurement Officer of the District of Columbia (CPO), pursuant to the authority set forth in sections 204, 907, and 1106 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code §§ 2-352.04, 2-359.07, and 2-361.06)(2011 Supp.) (Act).

source

Final Rulemaking published at 35 DCR 1545 (February 26, 1988); as Final Rulemaking published at 53 DCR 7383 (September 8, 2006); as amended by Notice of Emergency and Proposed Rulemaking published at 58 DCR 7564 (August 19, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 8574, 8575 (October 7, 2011).