§ 2-218.48. Enforcement and penalties for willful breach of subcontracting plan.

Current through October 23, 2012

(a) There shall be a rebuttable presumption that a contractor willfully breached a subcontracting plan for utilization of certified business enterprises in the performance of a contract if the contractor:

(1) Fails to submit any required subcontracting plan monitoring or compliance report;

(2) Submits a monitoring or compliance report containing a false statement; or

(3) Fails to disclose required information.

(b) The presumption that a contractor willfully breached a subcontracting plan for utilization of certified business enterprises may be rebutted with a showing, by clear and convincing evidence, of full compliance with the requirements set forth in the subcontracting plan for utilization of certified business enterprises.

(c) A contractor that is found to have willfully breached a subcontracting plan for utilization of certified business enterprises shall be subject to the imposition of penalties, including monetary fines of $ 15,000 or 5% of the total amount of the work that the contractor was to subcontract to certified business enterprises, whichever is greater, for each breach.

                
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(Oct. 20, 2005, D.C. Law 16-33, § 2348, 52 DCR 7503; July 18, 2008, D.C. Law 17-207, § 2(j), 55 DCR 6107; Apr. 20, 2010, D.C. Law 18-141, § 2(j), 57 DCR 1485; May 27, 2010, D.C. Law 18-159, § 2(c), 57 DCR 3006.)

HISTORICAL AND STATUTORY NOTES

Effect of Amendments

D.C. Law 17-207 substituted "certified business enterprises" for "local, small, or disadvantaged businesses" in two places.

D.C. Law 18-141 rewrote the section, which had read as follows:

"The willful breach by a contractor of a subcontracting plan for utilization of certified business enterprises in the performance of a contract, the failure to submit any required subcontracting plan monitoring or compliance report, or the deliberate submission of falsified data may be enforced by the Department through the imposition of penalties, including monetary fines of $15,000 or 5% of the total amount of the work that the contractor was to subcontract to certified business enterprises, whichever is greater, for each such breach, failure, or falsified submission."

D.C. Law 18-159, in subsec. (a), deleted "or" from the end of par. (1), rewrote par. (2), and added par. (3). Prior to amendment, subsec. (a)(2) read as follows:

"(2) Submits a monitoring or compliance report with the intent to defraud, by means of a false statement, failure to disclose information, or other fraudulent scheme or device."

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 2(j) of the Department of Small and Local Business Development Subcontracting Clarification, Benefit Expansion, and Grant-making Authority Temporary Amendment Act of 2007 (D.C. Law 17-96, January 29, 2008, law notification 55 DCR 3403).

Emergency Act Amendments

For temporary (90 day) addition, see § 2348 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 day) amendment of section, see § 2(j) of Department of Small and Local Business Development Subcontracting Clarification, Benefit Expansion, and Grant-making Authority Emergency Amendment Act of 2007 (D.C. Act 17-156, October 18, 2007, 54 DCR 10919).

For temporary (90 day) amendment of section, see § 2(j) of Department of Small and Local Business Development Subcontracting Clarification, Benefit Expansion, and Grant-making Authority Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-251, January 23, 2008, 55 DCR 1259).

Legislative History of Laws

For Law 16-33, see notes following § 2-218.01.

For Law 17-207, see notes following § 2-218.02.

For Law 18-141, see notes following § 2-218.02.

For Law 18-159, see notes following § 2-218.46.