23 CA ADC § 391


      23 CCR s 391

      Cal. Admin. Code tit. 23, s 391


      CALIFORNIA CODE OF REGULATIONS
      TITLE 23. WATERS
      DIVISION 2. DEPARTMENT OF WATER RESOURCES
      CHAPTER 1.7. SELECTION PROCESS FOR PRIVATE ARCHITECTURAL, LANDSCAPE
      ARCHITECTURAL, ENGINEERING, ENVIRONMENTAL, LAND SURVEYING, AND 
CONSTRUCTION
      PROJECT MANAGEMENT FIRMS
      ARTICLE 2. SPECIFIC PROVISIONS
      This database is current through 05/26/06, Register 2006, No. 21. 

      s 391. Prohibited Practices and Conflict of Interest.

      (a) Practices which might result in unlawful activity, including but not 
      limited to rebates, kickbacks, or other unlawful consideration are 
      strictly prohibited. The Department shall require a contract entered into 
      pursuant to this chapter to include a provision in which the firm 
      represents that the contract was not obtained through rebates, kickbacks, 
      or other unlawful considerations either promised or paid to a DWR 
      employee. In addition to any other applicable legal proscriptions, failure 
      to adhere to the representation may be cause for contract termination and 
      recovery of damages under the rights and remedies due the Department under 
      the default provision of the contract.

      (b) A DWR employee shall not participate in the selection process if the 
      employee has a relationship, as specified in Section 87100 of the 
      Government Code, with a firm seeking a contract subject to this chapter.

      (c) Nothing in this chapter shall be construed to abridge the obligation 
      of the Department or the firm to comply with all laws regarding political 
      contributions, conflicts of interest, or unlawful activities.


      Note: Authority cited: Section 4526, Government Code. Reference: Sections 
      4526, 4527 and 4529.12, Government Code. 


       HISTORY 
         
      1. New section filed 7-6-2004; operative 8-5-2004 (Register 2004, No. 28).
      For prior history, see Register 85, No. 36.
      23 CA ADC s 391

      END OF DOCUMENT

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