1.70.250 Illegal gifts and kickbacks.
(a) Gifts. A bidder, offeror, or contractor must not make or offer to make a gift to a Commissioner or employee that the Commissioner or employee is prohibited from accepting under Article III of this chapter or other law.
(b) Kickbacks.
(1) In these regulations, a “kickback” means any money, fee, commission, credit, gift, or compensation of any kind which is provided directly or indirectly to a prime contractor, a prime contractor employee, a subcontractor, a subcontractor employee, a Commissioner or employee, or other person for the purpose of obtaining or rewarding favorable treatment in the award of a prime contract or a subcontract in connection with a contract awarded by WSSC.
(2) A person must not:
(i) Provide, attempt to provide, or offer to provide a kickback;
(ii) Solicit, accept, or attempt to accept a kickback;
(iii) Include, directly or indirectly, the amount of a kickback in the price charged by the subcontractor to the contractor, or by the prime contractor in the price charged by the prime contractor, to WSSC; or
(iv) Claim that the unlawfully induced contract or subcontract fulfills any legal, regulatory, or contractual requirement.
(3) WSSC may offset the amount of a kickback from any sum owed to the prime contractor by WSSC. (Res. 2003-1669 § 1(4-2))