D.C. Mun. Regs. tit. 27, r. 27-4812

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

Rule 27-4812 - RULES TO ENSURE ETHICAL CONDUCT

4812.1

Generally: The DC OP3 is committed to ensuring that all procurements for P3 projects are conducted in a fair, competitive, and ethical manner without actual or apparent conflicts of interest.

4812.2

Ethical Duty: All parties responsible for the proper administration of the P3 procurement process on behalf of the District, both public and private, shall maintain a position of strict impartiality and refrain from any activity that would imply support of or opposition to a particular private entity, proposer, or operator of a P3 agreement. This requirement extends to all consultants and contractors engaged by the District.

4812.3

Ethical Obligations under the Comprehensive Code of Conduct: The DC OP3 will comply with and enforce through appropriate administrative, personnel, or contractual procedures all provisions of the District government's Code of Conduct, as defined in § 101 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 § 1-1161.01) , and Chapter 18 of the District Personnel Manual (6-B DCMR, Chapter 18) where applicable, including the following provisions:

(a)Duty of Loyalty: District employees associated with any P3 procurement shall place loyalty to the law and ethical principles above any potential private gain.

(b)Financial Conflicts: No District employee associated with any P3 procurement shall hold a financial interest that conflicts with the conscientious performance of the employee's duty.

(c)Private Gain: No District employee associated with any P3 procurement shall use the employee's public office or position for private gain, whether for the employee's own personal gain, the gain of a family member or friend, or the gain of a private entity.

(d)Nonpublic Information: No District employee associated with any P3 procurement shall engage in a financial transaction using nonpublic information acquired or allow the improper use of such information to further any private interest.

(e)Outside Employment: No District employee associated with any P3 procurement shall engage in any outside employment or other activity, including seeking or negotiating for employment, incompatible with the responsibilities assigned to them under the P3 Act or that would capitalize on the employee's title or position.

(f)Gifts from Outside Sources: No District employee associated with any P3 procurement shall solicit or accept any gift from a prohibited source or given because of the employee's official position unless the item is excluded from the definition of a gift or falls within one of the exceptions set forth in 6-B DCMR § 1803.

(g)Post-Employment Conflicts of Interest: A former District employee associated with any P3 procurement shall not act on a particular matter that would create a conflict of interest if the employee participated personally and substantially in that matter as a government employee.

(h)Government Property: No District employee associated with any P3 procurement shall use government property, or allow its use, for other than authorized purposes.

(i)Disclosure of Prior Employment: As a means to evaluate real or potential conflicts of interest, each employee associated with any P3 procurement shall be required to disclose to the employee's employing agency upon appointment, such previous employment relationships, including full disclosure of any ongoing economic benefits to the employee from previous employment relationships.

4812.4

Additional Obligations: The provisions in this section highlight several of the relevant obligations in the Comprehensive Code of Conduct. Reference to these particular obligations in no way limits the applicability of other District government ethics regulations, nor implies in any way that such other regulations will not be strictly enforced by the DC OP3.

4812.5

Reporting Conflicts and Violations: The DC OP3 requires District government employees and the employees of private entities associated with any P3 procurement to report actual or apparent conflicts of interest and credible violations of the District Code of Conduct to the appropriate authorities.

(a)District Employees: District employees associated with any P3 procurement shall report actual or apparent conflicts of interest and credible violations of the District Code of Conduct and these rules immediately upon discovery to the employee's supervisor, the Board of Ethics and Government Accountability, or the appropriate authorities.

(b)Private Entity Employees: Employees of private entities associated with any District P3 procurement shall report actual or apparent conflicts of interest and credible violations of the District Code of Conduct and these rules immediately upon discovery to the DC OP3, the Board of Ethics and Government Accountability, or the appropriate authorities.

(c)Mitigating Conflicts and Violations: Upon receiving the report of an actual or apparent conflict of interest or credible violation of the District Code of Conduct or these rules, the DC OP3 shall take steps to avoid, mitigate or correct the issue, including having the affected employee recuse himself or herself or resign; disqualifying a contractor at any point during a procurement; rescinding or terminating a contract subsequent to contract award; or cancelling a pending solicitation and initiating a new procurement. The analysis of these issues and recommendations on steps taken to mitigate or correct an issue shall be in writing.

D.C. Mun. Regs. tit. 27, r. 27-4812

Final Rulemaking published at 63 DCR 13119 (10/21/2016); amended by Final Rulemaking published at 65 DCR 6037 (6/1/2018)