Section 30-2002. PROHIBITION AGAINST CONTINGENT FEES

 

2002.1A contractor may not offer to pay any fee or other consideration that is contingent on the making of a contract.

 

2002.2An employee of the Agency may not solicit or secure, or offer to solicit or secure, a contract for which the employee is paid or is to be paid any fee or other consideration contingent on the making of the contract between the employee and. any other person.

 

2002.3Each contract executed on behalf of the Agency shall contain the following prohibition against contingent fees: "The contractor warrants that no person or selling agency has been employed or retained to solicit or secure the contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the contractor for the purpose of securing business. For any breach or violation of this warranty, the Lottery and Charitable Games Control Board shall have the right to terminate the contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of the commission, percentage, brokerage, or contingent fee."

 

2002.4Each solicitation issued by the Agency shall include language giving prospective contractors notice of the prohibition in §2002.3.

 

source

Final Rulemaking published at 36 DCR 6681, 6683 (September 22, 1989).