2023 District of Columbia Code › Title 1 - Government Organization › Chapter 11A - Ethics and Government Accountability › Subchapter III - Campaign Finance › Part D - Contribution Limitations › § 1–1163.34a. Covered contractor contributions

§ 1–1163.34a. Covered contractor contributions.
(a) No agency or instrumentality of the District government, including an independent agency, shall enter into or approve a contract with a covered contractor if the covered contractor has contributed to a prohibited recipient during the prohibited period.
(b) No covered contractor shall contribute to a prohibited recipient during the prohibited period. This prohibition shall not include a contribution by a covered contractor who is also a prohibited recipient to finance his or her own election.
(c) To facilitate compliance with this section:
(1) Each contracting authority shall:
(A) Require that covered contractors report their principals to the contracting authority;
(B) Maintain a publicly-available list on its website of all covered contractors, including their principals, for the contracts of that contracting authority;
(C) Notify covered contractors, in the solicitation or similar invitation or opportunity to contract, of:
(i) The prohibited recipients or, if the value of the contract is estimated, the likely prohibited recipients for the contract based on its estimated value; and
(ii) Any other relevant provisions of this chapter;
(D) With the Director of Campaign Finance, identify, for each covered contractor, whether the covered contractor has contributed to a prohibited recipient during the prohibited period;
(E) Enforce the provisions of subsection (e)(1) of this section against covered contractors who have violated this section and provide their names to the Campaign Finance Board for the purposes of subsection (e)(2) of this subsection; and
(F) For contracting authorities other than the Office of Contracting and Procurement, notify the Office of Contracting and Procurement of any enforcement actions taken pursuant to subsection (e)(1) of this section; and
(2) The Director of Campaign Finance shall:
(A) Check the publicly-available lists of covered contractors maintained pursuant to paragraph (1)(B) of this subsection against the reports of receipts and expenditures submitted to the Director of Campaign Finance pursuant to § 1-1163.09 to identify any unlawful contributions, and then notify the covered contractor, the prohibited recipient who accepted the contribution, and the relevant contracting authority in order to allow the covered contractor and the prohibited recipient to cure the violation; and
(B) Notify prohibited recipients and campaign treasurers of the relevant provisions of the Campaign Finance Reform Amendment Act of 2018.
(d) The Director of Campaign Finance shall make available any necessary information to the contracting authorities and the Office of the Chief Financial Officer to facilitate compliance with this section.
(e)(1) A covered contractor that violates this section may be considered to have breached the terms of any existing contract with the District. At the discretion of the relevant contracting authority, any existing contract of the covered contractor may be terminated. The covered contractor may also be disqualified from eligibility for future District contracts, including the extension or modification of any existing contract, for a period of 4 calendar years after the date of determination that a violation of this section has occurred.
(2) The names of any prohibited recipients or covered contractors found to be in violation of this section shall be prominently displayed on the webpage of the Campaign Finance Board.
(f) Within 180 days after March 13, 2019, the Office of Contracting and Procurement, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this section.
(Apr. 27, 2012, D.C. Law 19-124, § 334a; as added Mar. 13, 2019, D.C. Law 22-250, § 6(pp), 66 DCR 985.)
Applicability
Section 2 of D.C. Law 24-328 provided that this section shall not apply to: (1) Any inaugural or transition committee organized in 2022; and (2) Contracts, as defined in § 1-1161.01(10C)(A)(ii), including those contracts' option periods or similar contract extensions or modifications, sought, entered into, or executed before November 9, 2022.
Section 2 of D.C. Act 25-33 provided that this section shall not apply to: (1) Any inaugural or transition committee organized in 2022; and (2) Contracts, as defined in § 1-1161.01(10C)(A)(ii), including those contracts' option periods or similar contract extensions or modifications, sought, entered into, or executed before November 9, 2022.
Section 2 of D.C. Act 24-676 provided that this section shall not apply to: (1) Any inaugural or transition committee organized in 2022; and (2) Contracts, as defined in § 1-1161.01(10C)(A)(ii), including those contracts' option periods or similar contract extensions or modifications, sought, entered into, or executed before November 9, 2022.
Section 7183 of D.C. Act 24-159 repealed section 10(a) of D.C. Law 22-250 removing the applicability provision impacting this section. Therefore the creation of this section by Law 22-250 has been implemented.
Section 10(b) of D.C. Law 22-250 required that this section, created by D.C. Law 22-250, (1) Apply as of November 4, 2020; and (2) Not apply to contracts, as defined in D.C. Official Code § 1-1161.01(10C)(A)(ii)), including those contracts' option periods or similar contract extensions or modifications, sought, entered into, or executed before November 4, 2020.
Editor's Notes
Section 7183 of D.C. Law 24-45 provided that this section shall not apply to contracts, as defined in § 1-1161.01(10C)(A)(ii), including those contracts' option periods or similar contract extensions or modifications, sought, entered into, or executed before November 9, 2022.
Section 7183 of D.C. Act 24-159 provided that this section shall not apply to contracts, as defined in § 1-1161.01(10C)(A)(ii), including those contracts' option periods or similar contract extensions or modifications, sought, entered into, or executed before November 9, 2022.