District of Columbia Administrative Code

4328 LABOR-HOUR CONTRACTS 4328.1 The CCO may use a labor-hour contract when materials are not required. 4328.2 A labor-hour contract is a variation of a time and materials contract and may be used when a contractor's hourly rates are fixed. SOURCE: Final Rulemaking published at 5…

4329 LETTER CONTRACTS 4329.1 The CCO shall use a letter contract when contract work must begin immediately and awarding a definitive contract is not immediately possible. 4329.2 The CCO shall ensure that each letter contract is as definitive and complete as possible under the cir…

4330 DEFINITE QUANTITY CONTRACTS 4330.1 The CCO may use a definite quantity contract that provides for delivery of a specified quantity of supplies or services either at specified times or when ordered. Quantities ordered under a definite quantity contract shall be limited to the…

4331 MULTIPLE AWARD CONTRACTS 4331.1 The CCO may use a multiple award contract when more than one contractor is to be awarded a contract for specific supplies or services. SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008). AUTHORITY: DC-DCMR Unless otherwise not…

4332 LOCAL, SMALL, DISADVANTAGED BUSINESS ENTERPRISE PROGRAM 4332.1 The CCO shall include in all Library solicitations and contracts totaling two hundred fifty thousand dollars ($250,000) or more a mandatory thirty-five percent (35%) local, small, disadvantaged business enterpris…

4333 MENTOR-PROTÉGÉ PROGRAM 4333.1 The CCO shall establish a mentor-protégé program designed to match prime contractors with local, small, disadvantaged business enterprises certified by the D.C. Department of Small and Local Business Development for participation in Library proc…

4334 CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS 4334.1 The CCO shall award construction contracts in accordance with the guidelines of this section. 4334.2 The CCO shall award architect-engineer contracts in accordance with the guidelines of Section 4304. 4334.3 In any instanc…

4335 ESTIMATE OF CONSTRUCTION COSTS 4335.1 An estimate of construction costs shall be prepared by the Library's program staff for each proposed contract and for each proposed contract modification estimated to exceed twenty-five thousand dollars ($25,000). 4335.2 The estimate sha…

4336 NOTICE OF THE SCOPE OF CONSTRUCTION PROJECTS 4336.1 All pre-solicitation notices and each solicitation shall state the approximate scope of the construction requirement in terms of physical characteristics and estimated price. 4336.2 In no event shall the scope of a project …

4337 LIQUIDATED DAMAGES IN CONSTRUCTION CONTRACTS 4337.1 The CCO shall determine the need for liquidated damages in construction contracts. 4337.2 In construction contracts estimated to exceed twenty-five thousand dollars ($25,000), the CCO may include a liquidated damages clause…

4338 PRICING CONSTRUCTION CONTRACTS 4338.1 The CCO shall use firm-fixed-price contracts to procure construction. 4338.2 A contract may be priced on a lump-sum basis (when a lump sum is paid for the total work or defined parts of the work), on a unit-price basis (when a unit price…

4339 CONSTRUCTION CONTRACTS WITH ARCHITECT-ENGINEER FIRMS 4339.1 Except as provided in Section 4339.2, the CCO shall not award a contract for the construction of a project to the firm that designed the project or its subsidiaries or affiliates without the prior written approval o…

4340 DESIGN-BUILD PROCEDURES 4340 If the CCO uses a design-build process, two-phase design-build selection procedures shall be utilized. 4340.1 The CCO shall only use the two-phase design-build selection procedures when three or more offers are anticipated. 4340.2 The CCO may use…

4341 INSPECTION AND SITE EXAMINATION 4341.1 The CCO shall make appropriate arrangements for prospective bidders to inspect the work site and to have the opportunity to examine data available to the Library which may provide information concerning the performance of the work. The …

4342 COMPETITIVE SEALED BIDS FOR CONSTRUCTION 4342.1 An IFB for construction shall allow a reasonable time for bidders to prepare and submit their bids, but in no event less than ten (10) days after the initial solicitation is issued and publicized. 4342.2 The CCO shall publicize…

4343 NOTICE OF INTENT TO AWARD 4343.1 Each notice of intent to award shall include the following: (a) The identity of the IFB; (b) The identity of the prospective contractor; (c) The award price; (d) A statement notifying the prospective contractor that all required performance a…

4344 PRE-CONSTRUCTION CONFERENCE 4344.1 The CCO may conduct a pre-construction conference to inform the contractor about the labor standards requirements, permits, subcontracting and other relevant pre-construction matters deemed appropriate by the CCO. SOURCE: Final Rulemaking p…

4345 EVALUATION OF CONTRACTOR PERFORMANCE 4345.1 The CCO or designee shall evaluate contractor performance and prepare a performance report for each construction contract over one hundred thousand dollars ($100,000) in the following circumstances: (a) When any element of performa…

4346 ARCHITECT-ENGINEER SERVICES 4346.1 The CCO shall publicize all requirements for architect-engineer services in accordance with Section 4302. 4346.2 The CCO shall negotiate contracts for these services based on demonstrated competence and qualifications of prospective contrac…

4347 ARCHITECT-ENGINEER QUALIFICATIONS 4347.1 To be considered for an architect-engineer contract, a firm shall file an appropriate architect-engineer qualification data form with the CCO. 4347.2 The CCO shall classify the qualification data files for each firm with respect to th…

4348 ARCHITECT-ENGINEER SELECTION 4348.1 The CCO, with the advice of the appropriate technical and staff representatives, will make the final selection. 4348.2 The final selection shall be a listing, in order of preference, of the firms considered most highly qualified to perform…

4349 COST ESTIMATE FOR ARCHITECT-ENGINEEER CONTRACTS 4349.1 An independent Library estimate of the cost of architect-engineer services shall be prepared by or under the direction of the CCO before commencing negotiations in accordance with Section 4304 for each proposed contract …

4350 NEGOTIATIONS OF ARCHITECT-ENGINEER CONTRACTS 4350.1 The CCO shall first attempt to negotiate a contract with the highest rated qualified firm for the required services at a price which the CCO determines in writing to be fair and reasonable to the Library. 4350.2 The CCO sha…

4351 RELEASE OF INFORMATION 4351.1 After final selection has taken place under Section 4350 the CCO may release information identifying the highest rated architect-engineer firm with which a contract will be negotiated. 4351.2 If negotiations are terminated without awarding a con…

4352 LIABILITY FOR DESIGN ERRORS OR DEFICIENCIES 4352.1 The architect-engineer firm shall be responsible for the professional quality, technical accuracy, and coordination of all services required under its contract. The firm shall be liable to the Library for costs resulting fro…

4353 DESIGN WITHIN FUNDING LIMITATION 4353.1 The Library may require the architect-engineer contractor to design the project so that construction will not exceed a contractually specified dollar limit. The amount of the construction funding shall be established during negotiation…

4354 REDESIGN RESPONSIBILITY FOR DESIGN ERRORS OR DEFICIENCIES 4354.1 The architect-engineer firm shall make necessary corrections at no cost to the Library if the designs, drawings, specifications, or other items or services furnished by the firm contain any errors, deficiencies…

4355 ARCHITECT-ENGINEER PERFORMANCE EVALUATION 4355.1 The CCO shall prepare an architect-engineer performance evaluation report for contracts of more than twenty-five thousand dollars ($25,000) and may prepare a report for contracts less than twenty-five thousand dollars ($25,000…

4356 CONTRACTING FOR SERVICES 4356.1 The Library may obtain services from professional, non-professional, expert and consulting personnel on an individual or organizational basis when essential to the Library's operations or when the services would achieve maximum effectiveness o…

4357 BONDS, INSURANCE AND OTHER FINANCIAL PROTECTIONS 4357.1 The CCO has the discretion to require any types of security specified in this section for any solicitation or contract including the following: (a) Bid bonds or proposal bonds; (b) Performance or payment bonds for const…

4358 BID BONDS, PROPOSAL BONDS, AND OTHER SECURITY 4358.1 The CCO may require bid bonds, proposal bonds, and other security in connection with any solicitation, regardless of whether any payment or performance security will be required under the contract. 4358.2 When the Library'…

4359 NONCOMPLIANCE WITH BID OR PROPOSAL SECURITY REQUIREMENTS 4359.1 If a bid or proposal fails to comply with the Security Bond requirements outlined in the solicitation, the CCO shall reject the bid or proposal. However, the CCO may accept the bid or proposal if the CCO determi…

4360 PERFORMANCE AND PAYMENT SECURITY 4360.1 The CCO shall require a contractor to furnish performance and payment bonds or other security on any construction contract when the Library's independent cost estimate exceeds one hundred thousand dollars ($100,000). Performance or pay…

4361 INSURANCE 4361.1 The CCO shall require each contractor to obtain insurance for the risks to which the contractor and the Library are exposed, except when the contract specifically relieves the contractor of liability for loss of damage to Library property. 4361.2 The CCO sha…

4362 OPTIONS 4362.1 The CCO may include options in solicitations and contracts when it is in the Library's interests. 4362.2 The CCO shall not utilize options in solicitations and contracts if the following exists: (a) The contractor will incur undue risks; (b) Market prices for …

4363 RESERVED AUTHORITY: DC-DCMR Unless otherwise noted, the authority for this chapter is section 5 of An Act To establish and provide for the maintenance of a free public library and reading room in the District of Columbia, as amended 29 Stat. 244 (June 3, 1896), codified at D…

4364 SUBCONTRACTING 4364.1 The CCO may require his or her consent for the contractor to subcontract when the CCO determines that it would be in the best interest of the Library. 4364.2 The requirement for consent to subcontract shall also apply to teaming arrangements and joint v…

4365 RESERVED AUTHORITY: DC-DCMR Unless otherwise noted, the authority for this chapter is section 5 of An Act To establish and provide for the maintenance of a free public library and reading room in the District of Columbia, as amended 29 Stat. 244 (June 3, 1896), codified at D…

4366 RESERVED AUTHORITY: DC-DCMR Unless otherwise noted, the authority for this chapter is section 5 of An Act To establish and provide for the maintenance of a free public library and reading room in the District of Columbia, as amended 29 Stat. 244 (June 3, 1896), codified at D…

4367 USE OF DISCRETIONARY FUNDING 4367.1 Monetary gifts, endowments, charitable donations and bequests made to the Library from individual or corporate sources shall constitute discretionary funding and shall not be subject to the requirements of these regulations. 4367.2 The CCO…

4368 CONTRACTOR RESPONSIBILITY 4368.1 The CCO shall ensure that purchases are made from and contracts awarded to responsible contractors only. 4368.2 To be determined responsible, a contractor must:: (a) Have adequate financial resources to perform the contract or the ability to …

4369 CONTRACT ADMINISTRATION 4369.1 The CCO may delegate contract administration functions to the appropriate program office within the Library. 4369.2 The CCO shall advise the contractor of all delegated contract administration functions by providing the identification and locat…

4370 NOVATION AND CHANGE-OF-NAME AGREEMENTS 4370.1 If a contractor wants the Library to recognize and approve a successor in interest to its contracts or a name change, the contractor shall submit a written request to the CCO, and the CCO shall: (a) Advise the contractor of the i…

4371 RESERVED AUTHORITY: DC-DCMR Unless otherwise noted, the authority for this chapter is section 5 of An Act To establish and provide for the maintenance of a free public library and reading room in the District of Columbia, as amended 29 Stat. 244 (June 3, 1896), codified at D…

4372 CONTRACT TERMINATION 4372.1 The CCO shall terminate contracts for default or convenience only by written notice to the contractor. The CCO shall have the discretion to determine the manner in which the written termination notice is sent to the contractor. 4372.2 The CCO may …

4373 RESERVED AUTHORITY: DC-DCMR Unless otherwise noted, the authority for this chapter is section 5 of An Act To establish and provide for the maintenance of a free public library and reading room in the District of Columbia, as amended 29 Stat. 244 (June 3, 1896), codified at D…

4374 CONTRACT MODIFICATIONS 4374.1 Only the CCO or other Library contracting officer acting within the scope of their authority shall have the authority to modify Library contracts. 4374.2 The CCO or other Library contracting officer shall have the authority to issue only two typ…

4375 CONTRACTS REVIEW COMMITTEE 4375.1 The Contracts Review Committee shall consider protests, disputes, appeals, debarment and suspension decisions made by the CCO. 4375.2 The President of the Board of Library Trustees shall appoint the Chairperson of the Committee. Decisions sh…

4376 DEBARMENT, SUSPENSION AND INELIGIBILITY PROCEDURES 4376.1 Debarment and suspension shall be imposed on Library contractors only when it is in the best interest of the Library and not for punitive purposes and only for the causes set forth in this Section. 4376.2 The Chief Co…

4377 RESERVED AUTHORITY: DC-DCMR Unless otherwise noted, the authority for this chapter is section 5 of An Act To establish and provide for the maintenance of a free public library and reading room in the District of Columbia, as amended 29 Stat. 244 (June 3, 1896), codified at D…