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The DC Code: § 2-218.64 Identification of certified business enterprises in bids or proposals; false statements on certification; penalties.

Index2 Government Administration. (Refs & Annos)
a
(1) Except as otherwise provided by law, a contractor or business enterprise may not:
A
Identify a certified business enterprise in a bid or proposal unless it:
i
Has obtained authorization from the certified business enterprise to identify the certified business enterprise in its bid or proposal;
ii
Has notified the certified business enterprise before execution of the contract of its inclusion in the bid or proposal; and
iii
Uses the certified business enterprise in the performance of the contract; or
B
Pay the certified business enterprise solely for the use of its name in the bid or proposal.
2
A person who violates any provision of this subsection is guilty of a felony and, upon conviction, subject to a fine not to exceed $15,000, imprisonment not to exceed 5 years, or both.
b
(1) A person may not make false statements about whether an entity has business enterprise certification.
2
A person who violates this subsection is guilty of a misdemeanor and, upon conviction, subject to a fine not to exceed $5,000, imprisonment not to exceed one year, or both.

Historical and Statutory

Effect of Amendments D.C. Law 18-159 rewrote subsec. (a)(1)(A)(i);  and, in subsec. (a)(2), substituted "imprisonment not to exceed 5 years," for "imprisonment,".   Prior to amendment, subsec. (a)(1)(A)(i) read as follows: "(i) Has requested, received, or otherwise obtained authorization from the certified business enterprise to identify the certified business enterprise in its bid or proposal;". Legislative History of Laws For Law 18-141, see notes following § 2-218.02. For Law 18-159, see notes following § 2-218.46. DC CODE § 2-218.64 Current through December 11, 2012

Credits

(Oct. 20, 2005, D.C. Law 16-33, § 2364, as added Apr. 20, 2010, D.C. Law 18-141, § 2(p), 57 DCR 1485; May 27, 2010, D.C. Law 18-159, § 2(f), 57 DCR 3006.)