(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.
CREDIT(S)
(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.)
HISTORICAL AND STATUTORY NOTES
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.