D.C. Mun. Regs. r. 27-2299

Current through Register Vol. 71, No. 24, June 14, 2024
Rule 27-2299 - DEFINITIONS
2299.1

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

Contractor team arrangement-An arrangement under which two (2) or more persons 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 persons to have those personsact as the contractor'ssubcontractor(s) under a specified District contract or procurement program.

Conviction-Ajudgment 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 person from District contracting and subcontracting for a specified period.

Director-The Director of the Office of Contracting and Procurement (OCP) or the District of Columbia Chief Procurement Officer (CPO).

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 USC §§ 3141-3148, the Service Contract Act, 41 USC §§ 6702-6707, or the Equal Employment Opportunity Act of 1972, 5 USC §§ 5108, 5314et seq., and 42 USC § 2000e ), or excluded under authority of a District statute or regulation other than the Act or this title.

Judicial or administrative proceedings-Any civil judicial or administrative proceeding to which the District or federal government is a party or any criminal proceeding, including appeals from these proceedings.

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.

Person- Any business, individual, corporation, partnership, association, or legal entity, however organized.

Pre-award survey-Adetailed review (sometimes on-site) of a prospective contractor to ascertain information sufficient to make a determination regarding responsibility.

Preponderance of the evidence-Proof by information that, compared with information opposing it, leads to the conclusion that the fact at issue is more probably true than not.

Suspension-An immediate but temporary action taken by the Director which renders a person ineligible to receive new contracts, renewed contracts, extended contracts, or subcontracts pending the outcome ofjudicial or administrative proceedings that could give rise to a debarment action.

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

D.C. Mun. Regs. r. 27-2299

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); amended by Final Rulemaking published at 66 DCR 14414 (11/1/2019)
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).