2299.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Adequate evidence - information sufficient to support the reasonable belief that a particular act or omission has occurred.

Affiliate - An individual or firm that controls, is controlled by, or is under common control with another individual or firm.

Commercial product - a product, item, material, component, subsystem, or system that is sold or traded to the general public in the course of normal business operations at an established catalog price or market price.

Contract administrator - the individual responsible for overseeing the conduct of contract work.

Contractor team arrangement - an arrangement under which two (2) or more individuals or businesses 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 individuals or businesses to have them act as its subcontractors 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 contractor from District contracting and District-approved subcontracting for a reasonable, specified period. A contractor so excluded is 'debarred.'

Debarment and Suspension Panel - the panel established by the Debarment Procedures Amendment Act of 2004, D.C. Law 15-327, effective April 12, 2005, consisting of the Chief Procurement Officer and a representative from the Office of the Chief Financial Officer, the Office of the Deputy Mayor for Planning and Economic Development, the Deputy Mayor for Operations, the Director of the Office of Labor Relations and Collective Bargaining, and from each agency which, in the judgment of the Mayor, would be directly and significantly affected by the proposed debarment.

Director - the Director of the Office of Contracting and Procurement or the District of Columbia Chief Procurement Officer.

Ex parte communications - any oral or written communication with the Debarment and Suspension Panel, which excludes one or more parties to the case, concerning the merits of the case pending before the Panel, made by any persons directly or indirectly involved in the outcome of the case.

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 U.S.C. §§276a-276a-7, the Service Contract Act, 41 U.S.C. §§351-358, or the Equal Employment Opportunity Act of 1972, 5 U.S.C. §§5108, 5314 et seq., and 42 U.S.C. §2000e), or excluded under

authority of a District statute or regulation other than the Act or the D.C. procurement regulations.

Legal proceedings - any civil judicial proceeding to which the District is a party or any criminal proceeding, including appeals from these proceedings.

List of debarred, suspended, and ineligible contractors - a list compiled, maintained, and distributed by the Department of Administrative Services which contains the names of contractors debarred or suspended under the provisions of this chapter, as well as contractors declared ineligible under other statutory or regulatory authority.

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.

Preaward survey - a detailed review (sometimes on-site) of a contractor to ascertain information sufficient to make a determination regarding responsibility.

Suspension - action taken by the Director to disqualify a contractor temporarily from District contracting and District-approved subcontracting. A contractor so disqualified is 'suspended.'

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 1545 (February 26, 1988); as Final Rulemaking published at 53 DCR 7383 (September 8, 2006).