D.C. Mun. Regs. tit. 27, r. 27-3999

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 27-3999 - DEFINITIONS
3999.1

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

"Business entity" - any corporation, partnership, sole proprietorship, firm, nonprofit corporation, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock, trust, and any legal entity through which business is conducted, whether for profit or not.

"Campaign Finance Act of 2011" - Title III of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code §§ 11163.01 et seq.).

"Candidate" - an individual who seeks election to public office, whether or not the individual is nominated or elected. An individual shall be deemed to seek nomination for election or election, if the individual:

(a) Obtained or authorized any other person to obtain nominating petitions to qualify the individual for election to public office;
(b) Received contributions or made expenditures, or has given consent to any other person to receive contributions or make expenditures, with a view to bringing about the individual's election to public office; or
(c) Knows, or has reason to know, that any other person has received contributions or made expenditures for that purpose, and has not notified that person in writing to cease receiving contributions or making expenditures for that purpose; provided, that an individual shall not be deemed to be a candidate if the individual notifies each person who has received contributions or made expenditures that the individual is only testing the waters, has not yet made any decision whether to seek election to public office.

"Contract for goods or services" - any agreement for: the rendition of services; the furnishing of any goods, materials, supplies, or equipment; or the construction, alteration, or repair of any District government-owned or District government-leased property.

"Contracting authority" -

(a) The Chief Procurement Officer, as defined in Section 104(11) of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code §§ 2-351.04(11));
(b) An agency listed in Section 201(b) of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code §§ 2-352.01(b));
(c) An agency listed in Section 105(c) of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code §§ 2-351.05(c) that transmits contracts to the Council for approval; and
(d) The Council of the District of Columbia.

"Contribution" -

(a)
(1) A gift, subscription (including any assessment, fee, or membership dues), loan (except a loan made in the regular course of business by a business engaged in the business of making loans), advance, or deposit of money or anything of value (including contributions in cash or in kind), made for the purpose of financing, directly or indirectly:
(A) The election of a candidate;
(B) Any operations of a political committee, political action committee, or independent expenditure committee; or
(C) The campaign to obtain signatures on any initiative, referendum, or recall measure, or to bring about the ratification or defeat of any initiative, referendum, or recall measure;
(2) A transfer of funds between:
(A) Political committees;
(B) Political action committees;
(C) A political committee and a political action committee; or
(D) Candidates;
(3) The payment, by any person other than a candidate, a political committee, political action committee, or independent expenditure committee of compensation for the personal services of another person that are rendered to such candidate or committee without charge or for less than reasonable value, or the furnishing of goods, advertising, or services to a candidate's campaign without charge or at a rate which is less than the rate normally charged for such services; and
(4) An expenditure that is coordinated with a public official, a political committee affiliated with a public official, or an agent of any person described in this definition.
(b) Notwithstanding subparagraph (a) of this definition, the term "contribution" does not include:
(1) Personal or other services provided without compensation by a person (including an accountant or an attorney) volunteering a portion or all of the person's time to or on behalf of a candidate, political committee, political action committee, or independent expenditure committee;
(2) Communications by an organization other than a political party solely to its members and their families on any subject;
(3) Communications (including advertisements) to any person on any subject by any organization that is organized solely as an issue-oriented organization, which communications neither support nor oppose any candidate for office;
(4) Normal billing credit for a period not exceeding 30 days;
(5) Services of an informational or polling nature, designed to seek the opinion of voters concerning the possible candidacy of a qualified elector for public office, before such qualified elector becomes a candidate;
(6) The use of real or personal property, and the costs of invitations, food, and beverages voluntarily provided by a person to a candidate in rendering voluntary personal services on the person's residential premises for related activities; provided, that expenses do not exceed $500 with respect to the candidate's election; and
(7) The sale of any food or beverage by a vendor for use in a candidate's campaign at a charge less than the normal comparable charge, if the charge for use in a candidate's campaign is at least equal to the cost of such food or beverage to the vendor; provided, that expenses do not exceed $500 with respect to the candidate's election.

"Covered contractor" - any business entity, or a principal of a business entity, seeking or holding a District contract with a value of $250,000 or more or multiple District contracts with a value of $250,000 or more in the aggregate, including the value of any option period or similar contract extension or modification.

"Covered loan" - a loan by the District government to a private entity for commercial purposes. The term "covered loan" excludes loans for non-commercial purposes, such as educational loans or residential mortgage loans.

"Covered loan guarantee" - a guarantee by the District to assume a private entity's debt obligation, with or without conditions (including conditions precedent), where the debt obligation is for a commercial purpose.

"Licensing arrangement" - A legally-binding agreement whereby the owner of protected material, including, but not limited to, a patent, copyright, or trademark, grants another party the right to sell, produce, use, or display the protected material in return for a fee or other consideration.

"Principal" - any senior officer of a business entity, including an owner or co-owner, president, chief executive officer, chief operating officer, chief financial officer, treasurer, member, partner, or similar position which either sets or is authorized to set or otherwise influences the overall strategy of the business entity. A dean of an educational institution is not a "principal" within the meaning of this definition. A person whose only position at the business entity is as a board member is not a "principal" within the meaning of this definition.

"Seeking" - Submitting a bid, proposal, or response to any contracting authority of the District of Columbia, or submitting an application to participate in a DC Supply Schedule

"Solicitation" - includes requests for qualifications, requests for proposals, invitations for bids, and similar invitations and opportunities to contract and, with respect to dispositions of real property, requests for expressions of interest and unsolicited proposals.

"Tax abatement" - the reduction of a property owner's obligation to pay real property tax otherwise applicable to a property.

"Tax exemption" - the elimination of a property owner's obligation to pay real property tax otherwise applicable to a property.

D.C. Mun. Regs. tit. 27, r. 27-3999

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