D.C. Mun. Regs. r. 27-2220

Current through Register Vol. 71, No. 24, June 14, 2024
Rule 27-2220 - ORGANIZATIONAL CONFLICTS OF INTEREST
2220.1

The contracting officer shall analyze each planned procurement in order to identify and evaluate potential organizational conflicts of interest early in the procurement process and avoid, neutralize, or mitigate potential conflicts prior to contract award.

2220.2

A 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.
2220.3

If a contractor prepares and furnishes complete specifications covering non-developmental 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; or
(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.
2220.4

If 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.
2220.5

A 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 interest.

2220.6

When a contractor requires proprietary information from others to perform a Districtcontract and can use the leverage of the contract to obtain it, the contractor may gain an unfair competitive advantage unless restrictions are imposed. These restrictions protect the information and encourage companies to provide it when necessary for contract performance. They are not intended to protect information that is:

(a) Furnished voluntarily without limitations on its use; or
(b) Available to the Districtor contractor from other sources without restriction.
2220.7

A contractor that gains access to proprietary or confidential information of its competitors or other companies, firms, individuals, or District contractors in performing advisory and assistance services for the Districtshallagree with its competitors or other companies, firms, individuals, or District contractorsto protect all proprietary or confidentialinformation from unauthorized use or disclosure for as long as it remains proprietary or confidential and refrain from using the information for any purpose other than that for which it was furnished.

2220.8

Any 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 §2220of this chapter to the contract are subject to negotiation.
2220.9

If, 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 that specifies both the nature and duration of the proposed restraint. The contracting officer shall include the conflicts clause in the contract.

2220.10

The Director may waive any requirement of this section if he determines that the application of the rule of procedure in a particular situation would not be in the best interest of the District. Each waiver shall be in writing, and describe the nature of the conflict and the justification for the waiver.

D.C. Mun. Regs. r. 27-2220

Final Rulemaking published at 35 DCR 1540 (February 26, 1988); amended by Final Rulemaking published at 66 DCR 14414 (11/1/2019)