D.C. Mun. Regs. tit. 27, r. 27-3903

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 27-3903 - PROHIBITED CONTRIBUTIONS: CONTRACTING AGENCY SUBJECT TO THE AUTHORITY OF THE COUNCIL

3903.1

This section applies to:

(a) Vendors having or seeking procurements valued at $250,000 or more in the aggregate that are either conducted or overseen by a contracting authority that is subordinate to the Council;

(b) Vendors having or seeking procurements valued at $250,000 or more in the aggregate that are either conducted or overseen by a contracting authority other than the Council that are subject to the legislative approval of the Council, other than contracts covered by §§ 3901 and 3902 of this chapter.

3903.2

With respect to contracts for goods or services:

(a) Neither a business entity participating in a solicitation nor any of its principals may make any contribution to any Councilmember, any candidate for Councilmember, any political committee affiliated with a Councilmember or a candidate for Councilmember, or any constituent-service program affiliated with a Councilmember for the period from the date the solicitation was issued through the earliest to occur of:

(1) The date of contract award;

(2) The date the solicitation is cancelled;

(3) The termination of negotiations with the business entity; or

(4) Notification to the business entity that its response to the solicitation was unsuccessful; and

(b) If the business entity's response to the solicitation is successful, neither the business entity nor any of its principals may make any contribution to any Councilmember, any candidate for Councilmember, any political committee affiliated with a Councilmember or a candidate for Councilmember, or any constituent-service program affiliated with a Councilmember for the period from the date the solicitation was issued through one (1) year after the contract ends or is terminated.

3903.3

With respect to the acquisition or sale of any District-owned land or building:

(1) The date of contract award;

(2) The date the solicitation is cancelled;

(3) The termination of negotiations with the business entity; or

(4) Notification to the business entity that its response to the solicitation was unsuccessful; and

3903.4

With respect to lease agreements, licensing arrangements, covered loans, and covered loan guarantees:

(a) Neither a business entity participating in a solicitation for the lease agreement, license arrangement, covered loan, or covered loan guarantee nor any of its principals may make any contribution to any Councilmember, any candidate for Councilmember, any political committee affiliated with a Councilmember or a candidate for Councilmember, or any constituent-service program affiliated with a Councilmember for the period from the date the solicitation was issued through the earliest to occur of:

(1) The date of the award of the lease agreement, license arrangement, covered loan, or covered loan guarantee;

(2) The date the solicitation is cancelled;

(3) The termination of negotiations with the business entity; or

(4) Notification to the business entity that its response to the solicitation was unsuccessful; and

(b) Neither the business entity that was awarded the lease agreement, licensing arrangement, covered loan, or covered loan guarantee nor any of its principals may make any contribution to any Councilmember, any candidate for Councilmember, any political committee affiliated with a Councilmember or a candidate for Councilmember, or any constituent-service program affiliated with a Councilmember for the period from the date the solicitation was issued through the earlier to occur of:

(1) One (1) year after the District and the business entity enter into the lease agreement, license arrangement, covered loan, or covered loan guarantee; or

(2) Termination of the lease agreement, license arrangement, covered loan, or covered loan guarantee.

3903.5

With respect to the surplus or disposition of District-owned land or building:

(a) Neither a business entity participating in a solicitation or otherwise seeking to obtain District-owned land or building by surplus or disposition nor any of its principals may make any contribution to any Councilmember, any candidate for Councilmember, any political committee affiliated with a Councilmember or a candidate for Councilmember, or any constituent-service program affiliated with a Councilmember for the period from the date the solicitation was issued until:

(1) The date the business entity is notified that the business entity's response to the solicitation was not successful; or

(2) The date of termination of negotiations with the business entity; and

(b) If legislation is introduced before the Council to approve the surplus or disposition of District-owned land or building to a business entity, neither the business entity nor any of its principals may make any contribution to any Councilmember, any candidate for Councilmember, any political committee affiliated with a Councilmember or a candidate for Councilmember, or any constituent-service program affiliated with a Councilmember for the period from the date the solicitation was issued until:

(1) If the legislation is not passed before the end of that Council period or is disapproved, the end of that Council period; or

(2) If the legislation passes, one (1) year after the effective date of the legislation.

3903.6

With respect to a tax exemption or tax abatement, if legislation to grant a tax exemption or tax abatement to a business entity is introduced before the Council, or the grant of a tax exemption or tax abatement to a business entity is included in legislation pending before the Council, neither the business entity nor any of its principals may make any contribution to any Councilmember, any candidate for Councilmember, any political committee affiliated with a Councilmember or a candidate for Councilmember, or any constituent-service program affiliated with a Councilmember for the period from the date of the introduction of legislation or the inclusion of the tax exemption or tax abatement in pending legislation until:

(a) If the legislation is not passed before the end of that Council period or is disapproved, the end of that Council period; or

(b) If the legislation passes, one (1) year after the effective date of the legislation.

D.C. Mun. Regs. tit. 27, r. 27-3903

Final Rulemaking published at 71 DCR 10181 (8/9/2024)