2299

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 persons act as the contractor’s subcontractor(s) under a specified District contract or procurement program.

Conviction – A judgment 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, 5314 et 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 – A detailed 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 of judicial 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 – A combination of activities including developing work statements, determining parameters, directing other contractors’ operations, and resolving technical controversies.

SOURCE: Final Rulemaking published at 35 DCR 1384, 1525 (February 26, 1988); as amended by Final Rulemaking published at 53 DCR 7383 (September 8, 2006); as amended by Emergency and Proposed Rulemaking published at 58 DCR 7564 (August 19, 2011)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 8574, 8575 (October 7, 2011); as amended by Final Rulemaking published at 66 DCR 14414 (November 1, 2019).