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(a) Unless authorized by law or the Ethics Commission under Chapter 19A, a person while engaged in a procurement matter with the County must not employ or offer to employ a public employee if the duties of the public employee include significant participation in the procurement matter. Public employee, employ, and significant participation, as used in this section, are defined in Chapter 19A.
(b) A contractor providing an analysis or recommendation to the County concerning a particular matter must not, without first obtaining the written consent of the Chief Administrative Officer:
(A) another party in the matter; or
(B) 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 the County.
(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 Chief Administrative Officer.
(d) If, the Chief Administrative Officer, after finding that the action would not impair the public interest, consents to any action under subsections (b) or (c), the Chief Administrative Officer must promptly notify the Ethics Commission. (1994 L.M.C., ch. 30, § 1; 1997 L.M.C., ch. 37, § 1.)
Editor’s note—See County Attorney Opinion dated 7/16/08 regarding nonprofit entity participation in aspects of the solicitation process. See County Attorney Opinion dated 3/28/06 regarding whether steering committee members affiliated with a non-profit may receive and respond to a solicitation issued by the County and the implications under the Ethics law if the member is considered a public employee. See County Attorney Opinion dated 9/8/98 explaining that County law limiting contractors from seeking or obtaining an economic benefit in addition to payment does not extend to sub-contractors unless the Office of Procurement requires its contractor’s to extend the prohibition to sub-contractors.