§ 6-38. Participation in procurement.

(a) Scope of section.

This section applies to:

(1) any individual who, for a proposed City procurement, assists a City agency in the drafting, development, or issuance of specifications, an invitation for bids, a request for proposals, a request for qualifications, or any other document related to the procurement; and

(2) any person who employs that individual.

(b) Prohibited conduct.

A person described in subsection (a) of this section may not:

(1) submit a response for that procurement; or

(2) directly or indirectly, assist or represent another person in submitting a response for that procurement.

(c) Exemptions.

For purposes of this section, the following transactions do not constitute assisting in the drafting of specifications, an invitation for bids, a request for proposals, or a request for qualifications:

(1) providing descriptive literature, such as catalogue sheets, brochures, technical data sheets, or standard specification "samples", whether solicited by the City agency or unsolicited;

(2) submitting written comments on a specification prepared by an agency or on a solicitation for a bid or proposal, if comments have been solicited from 2 or more persons as part of a request for information or a prebid or preproposal process; or

(3) providing specifications for a sole-source or selected-source procurement authorized by law.