D.C. Mun. Regs. r. 50-5003

Current through Register Vol. 71, No. 24, June 14, 2024
Rule 50-5003 - PROHIBITED CONTINGENT FEES
5003.1

The Contracting Officer shall ensure that each solicitation, other than those for small purchases, contains language approved by the Attorney General giving notice to prospective contractors of the prohibition against contingent fee arrangements set forth in §416 of the PPRA.

5003.2

The Contracting Officer shall ensure that the language required by § 416(b) of the PPRA is inserted into each contract.

5003.3

Except as permitted in §416(b) of the PPRA, the Contracting Officer shall not award any contract to a contractor that has made arrangements to pay a contingent fee or other consideration for soliciting or obtaining the contract.

5003.4

If the Contracting Officer has reason to believe that a prospective contractor or contractor is or has been involved in a contingent fee arrangement prohibited under §416 of the PPRA, and not otherwise permitted by law, the Contracting Officer shall notify the Attorney General in writing, which notification shall include any evidence or documentation of the alleged prohibited arrangement.

5003.5

If the Attorney General determines that a prohibited contingent fee has been paid or that a contractor has entered into an arrangement to pay a prohibited contingent fee under an existing contract, the Attorney General shall have the right to terminate an existing contract or take any other remedial action authorized under §416(b) of the PPRA.

5003.6

If the Attorney General determines that a prospective contractor has entered into an arrangement to pay a prohibited contingent fee, he or she shall direct the Contracting Officer to notify the prospective contractor that it is no longer eligible for contract award.

D.C. Mun. Regs. r. 50-5003

Final Rulemaking published at 65 DCR 4406 (4/20/2018); amended by Final Rulemaking published at 68 DCR 11740 (11/5/2021)