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1.70.260 Ethics – Contractor conduct.
This section is included in your selections.

(a) During the conduct of a procurement, a bidder or offeror, or any officer, employee, representative, agent, or consultant of any bidder or offeror, may not knowingly:

(1) Make any offer or promise of future employment or business opportunity to, or engage in any discussion of future employment or business opportunity with, any WSSC employee or Commissioner involved in the procurement;

(2) Offer, give, or promise to offer or give any money, gratuity, or other thing of value to any WSSC employee or Commissioner involved in the procurement; or

(3) Solicit or obtain from any employee or Commissioner of WSSC before the award of a contract, any proprietary or source selection information regarding the procurement.

(b) A contractor providing an analysis or recommendation to WSSC concerning a particular matter must not, without first obtaining the written consent of the General Manager, after comment from the Board:

(1) Assist:

(i) Another party in the matter; or

(ii) Another person if the person has a direct and substantial interest in the matter; or

(2) Seek or obtain an economic benefit from the matter in addition to payment to the contractor by WSSC.

(c) A contractor must not use confidential information obtained in relation to performing a contract except as expressly authorized in the contract or by the General Manager.

(d) In connection with a contract with WSSC, a person must not willfully:

(1) Falsify, conceal, or suppress a material fact by any scheme or device;

(2) Make a false or fraudulent statement or representation of material fact; or

(3) Use a false writing or document that contains a false or fraudulent statement or entry of a material fact.

(e) A person may not aid or conspire with another person to commit an act under subsection (d) of this section. (Res. 2003-1669 § 1(4-3)) (Res. 2003-1669 § 1(4-3).)

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