D.C. Code § 2-218.64: Identification of small or certified business enterprises in bids or proposals; false statements on certification; penalties.

(a)

(1)

Except as otherwise provided by law, a beneficiary, certified business enterprise, certified joint venture, or an individual may not:

(A)

Identify a small or certified business enterprise in a bid or proposal unless it:

(i)

Has obtained authorization from the small or certified business enterprise to identify the small or certified business enterprise in its bid or proposal;

(ii)

Has notified the small or certified business enterprise before execution of the contract of its inclusion in the bid or proposal; and

(iii)

Uses the small or certified business enterprise in the performance of the contract; or

(B)

Pay the small or certified business enterprise solely for the use of its name in the bid or proposal.

(2)

A violation of any provision of this subsection is a felony and is subject to a fine not to exceed $15,000, imprisonment not to exceed 5 years, or both.

(b)

(1)

A beneficiary, certified business enterprise, certified joint venture, or an individual shall not make false statements about whether a business is certified by the Department as a certified business enterprise or a certified joint venture.

(2)

A violation of this subsection is a misdemeanor and is subject to a fine not to exceed $5,000, imprisonment not to exceed one year, or both.