D.C. Mun. Regs. r. 21-5308

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 21-5308 - ORGANIZATIONAL CONFLICT OF INTEREST

5308.1

An organizational conflict of interest exists when an offeror or a contractor (prime contractor or subcontractor) has:

(a) An unfair competitive advantage in a procurement as the result of access to nonpublic information about the procurement or a competing bidder; or

(b) An incentive that renders it unable, or potentially unable, to provide impartial assistance or advice to the Authority.

5308.2

In an effort to ensure a fair procurement process and protect the interest of the Authority, a Contracting Officer will analyze a planned procurement to identify actual or potential organizational conflicts of interest as early as possible in the procurement process and determine if an actual or potential organizational conflict of interest can be effectively avoided or mitigated.

5308.3

A Contracting Officer may reject a bid or proposal if an organizational conflict of interest has not been eliminated, avoided or mitigated to the satisfaction of the Authority.

D.C. Mun. Regs. r. 21-5308

Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999); as amended by Final Rulemaking published at 56 DCR 4484 (June 12, 2009)

Authority: Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996, effective April 18, 1996, as amended (D.C. Law 11-111, §§ 203(3), (5), and (6) and 205(a)(3) and (7); D.C. Code §§ 34-2202.03(3), (5), and (6) and 34-2202.05(a)(3) and (7) ), and Board Resolution # 09-74