District of Columbia Administrative Code

113 COST REIMBURSEMENT CONTRACTS 113.1 Cost reimbursement contracts provide for the contractor to recover the reimbursable costs it incurs in contract performance, plus a fee (that is, a profit). 113.2 A reimbursable cost must be: (a) Reasonable in nature and amount; (b) Properly…

114 PROJECT DELIVERY METHODS 114.1 Within the contract types described in Sections 111 through 113, the Office may adopt a number of project delivery methods, including Design-Bid-Build, Construction Manager at Risk, Construction Manager with Design Assist, Design-Build, Modified…

115 BASIC ORDERING AGREEMENTS 115.1 Under basic ordering agreements (also known as task order contracts or term contracts), the contractor’s performance obligations are triggered when the Office subsequently issues task orders pursuant to the contract. 115.2 Basic ordering agreem…

116 TIME AND MATERIALS CONTRACTS AND LABOR HOURS CONTRACTS 116.1 Time-and-materials contracts provide for acquiring supplies or services on the basis of: (a) Direct labor hours charged at fixed hourly rates that include overhead and profit; and (b) Materials (which may be charged…

117 CONTRACTING PROCEDURES GENERALLY 117.1 Every procurement by the Office shall be conducted in accordance with competitive contracting procedures, suitable to the specific procurement, that produce reasonable value and reasonable results. 117.2 The contracting procedures the Of…

118 SOLE SOURCE CONTRACTS 118.1 The Contracting Officer may award contracts on a sole-source basis only if: (a) The goods or services sought by the Office are available from only one (1) responsible source; or (b) Emergency circumstances beyond the Office’s control require an imm…

119 SEALED BIDDING 119.1 The solicitation used to initiate a procurement conducted by sealed bidding is known as an Invitation for Bids (“IFB”). 119.2 If the Office issues an IFB, the Office shall allow prospective bidders a reasonable time to prepare and submit bids. Except in t…

120 COMPETITIVE NEGOTIATION 120.1 The solicitation used to initiate a procurement conducted by competitive negotiation is known as a Request for Proposals (“RFP”). 120.2 If the Office issues and RFP, the Office shall establish a reasonable deadline for offerors’ submission of ini…

121 SIMPLIFIED CONTRACTING PROCEDURES 121.1 The basic purposes of simplified contracting procedures are to: (a) Promote economy, efficiency, and innovation in contracting; (b) Reduce administrative costs to the Office; and (c) Avoid unnecessary burdens or complexities that could …

122 DC SUPPLY SCHEDULE; GSA SCHEDULES 122.1 The Office may purchase goods and services (but not construction or any other type of contract awarded on a cost reimbursement basis) from the DC Supply Schedules, the GSA Schedule, or Metropolitan Washington Council of Government Sched…

123 THE CONTRACTING OFFICER’S RESPONSIBILITY FOR CONTRACT ADMINISTRATION 123.1 The Contracting Officer for a particular contract has overall responsibility for the contract’s administration. Among other things, this requires the Contracting Officer: (a) To monitor whether goods o…

124 PAYMENT REQUESTS 124.1 Requests for payment must be submitted in writing by the contractor. 124.2 Contractor payment requests shall: (a) Certify that the contractor is entitled to payment in the requested amount; and (b) Include or attach any information necessary to demonstr…

125 EXERCISING CONTRACT OPTIONS 125.1 The Contracting Officer may exercise a contract option upon determining that: (a) Funds are available and authorized for this purpose; (b) The goods or services covered by the option fulfill an existing need; and (c) Exercising the option is …

126 CONTRACT MODIFICATIONS 126.1 The Contracting Officer may modify a contract subject to the provisions of this section. 126.2 A modification must be within the general scope of the original contract. Any requirement for extra work that goes beyond the contract’s general scope s…

127 CONTRACT TERMINATION 127.1 All contracts awarded by the Office shall include “Termination for Default” and “Termination for Convenience” clauses specifically defining the Office’s termination rights. 127.2 When exercising the Office’s rights under a termination clause in the …

128 CONTRACT DOCUMENTATION 128.1 The Contracting Officer is responsible for maintaining documentation regarding the contract and the procurement. 128.2 The contract file shall include: (a) The solicitation and any amendments; (b) The contract and any modifications; (c) Any type o…

129 TRANSFER OF CONTRACTS 129.1 Contracts or pending procurements related to facilities maintenance and/or capital projects held by other District agencies may be assigned to the Office in accordance with the provisions of this section. 129.2 The CCO shall review the proposed pro…

130 DISPUTES 130.1 Each contract entered into by the Office shall include a disputes clause which sets forth the procedures by which disputes shall be resolved. 130.2 The disputes clause may, if the Contracting Officer determines it to be in the best interest of the Office, provi…

131 PROTESTS 131.1 All protests to the award of a contract by the Office shall be resolved in accordance with this section. 131.2 A protest shall be submitted to the Contracting Officer in writing. 131.3 A protest shall include: (a) The name of the protestor; (b) The name of the …

132 APPLICABLE LAWS 132.1 The Office shall comply with the requirements related to multiyear contracts and contracts in excess of one million dollars ($1,000,000) as set forth in section 451 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C.…

1000 EDUCATIONAL SERVICE 1000.1 The District of Columbia Government Comprehensive Merit Personnel Act of 1978 (also referred to as the “CMPA”), D.C. Law 2-139, Title VIIIA, § 801A(a), provides for the creation of the Educational Service for all employees of the Board of Education…

1002 ACCREDITATION 1002.1 [Repealed] 1002.2 [Repealed] 1002.3 [Repealed] 1002.4 The Superintendent of Schools or designee is authorized to charge the following fees for the approval of teacher education programs in the District of Columbia: (a) One thousand dollars ($1,000) for e…

1004 [RESERVED]

1005 RECRUITMENT, APPLICATION, AND SELECTION 1005.1 The Division of Personnel shall operate a continuing recruitment program designed to meet current and projected personnel needs of the school system. 1005.2 An applicant for a position shall be recruited and appointed in accorda…

1006 COMPETITIVE APPOINTMENTS 1006.1 Except as otherwise specified in this title or by law, initial appointment to the Educational Service shall be made by open competition. 1006.2 For purposes of this section, “open competition” means the use of examination procedures that permi…

1007 ENTRANCE EXAMINATIONS AND ELIGIBILITY 1007.1 Examinations for entrance into the Educational Service shall be open, competitive, and designed to meet personnel needs. 1007.2 Examining procedures shall be job-related and developed in a manner that will achieve maximum reliabil…

1008 [RESERVED]

1009 [RESERVED]

1010 EQUAL EMPLOYMENT OPPORTUNITY 1010.1 It is the policy of the Board of Education that employees shall be hired, assigned, transferred, promoted, retained, and disciplined without regard to race, color, national origin, sex, religion, creed, age, marital status, personal physic…

1011 VETERANS PREFERENCE IN EMPLOYMENT 1011.1 The provisions of this section shall be applicable in the employment of veterans in the Educational Service. 1011.2 A person who has served on active duty in the Armed Forces of the United States for more than one hundred eighty (180)…

1012 POLITICAL RIGHTS OF EMPLOYEES 1012.1 It shall be the policy of the Board of Education that employees be encouraged to fully exercise, to the extent not expressly prohibited by law, their rights of voluntary participation in the political process of our city and nation. 1012.…

1013 [RESERVED]

1014 [RESERVED]

1015 CITIZENSHIP REQUIREMENTS 1015.1 To be eligible for employment by the Board of Education, all foreign nationals shall meet requirements established by the Immigration and Naturalization Act. SOURCE: Final Rulemaking published at 27 DCR 4297, 4304 (October 3, 1980). …

1016 AGE REQUIREMENTS 1016.1 The minimum age for employment in the Educational Service shall be sixteen (16) years of age. 1016.2 The minimum age for appointment to special youth employment programs authorized by the Superintendent of Schools shall be fourteen (14) years of age. …

1017 RESIDENCY PREFERENCE IN THE EDUCATIONAL SERVICE 1017.1 The residency requirements set forth in this section shall apply to any applicant for, or any person occupying, a position as an employee of the Board of Education in the Educational Service, as specifically provided in …

1018 FAILURE TO COMPLY WITH RESIDENCY REQUIREMENTS 1018.1 An employee who fails to comply with the residency requirements set forth in §1017 shall forfeit his or her position. 1018.2 Whenever the Director of Personnel has reasonable cause to believe that an employee is not in com…

1019 [RESERVED]

1020 RESIGNATION 1020.1 The resignation of an employee of the Board of Education shall be submitted in writing to the Director of Personnel at least ten (10) working days before the effective date of the resignation. 1020.2 Failure to submit a resignation in writing may result in…

1021 REAPPOINTMENT 1021.1 Former permanent employees of the Board of Education who separated through voluntary resignation which was accepted without prejudice may be reappointed without an examination if the following conditions are met: (a) Application for reappointment is made…

1022 RETIREMENT 1022.1 Title XXVI (Retirement) of D.C. Law 2-139 provides that the existing retirement systems, including the Civil Service Retirement System and Teachers’ Retirement System, shall continue to be applicable to all employees of the District of Columbia. Therefore, …

1023 COMMUNICABLE DISEASES CONTRACTED BY EMPLOYEES 1023.1 An employee with one of the following communicable diseases shall be excluded from their duty location and permitted to return to work under the following conditions: Varicella (“Chickenpox”): An employee diagnosed with ch…

1024 [RESERVED]

1025 SPECIAL APPOINTMENTS 1025.1 The Board of Education shall participate in the temporary assignment of personnel under the provisions of the Intergovernmental Personnel Act of 1970 and temporary assignments and details of employees of the District government. SOURCE: Final Rule…

1026 TEACHER FOREIGN EXCHANGE PROGRAM 1026.1 The Superintendent of Schools may authorize the participation of educational employees in the teacher foreign exchange program; provided, that the Board of Education is either reimbursed for a participating teacher’s salary or receives…

1027 EMPLOYMENT OF SUBSTITUTES 1027.1 The Director of Personnel is authorized to certify and employ substitute teachers for service. 1027.2 Substitutes shall be paid the rate of compensation fixed by the Board of Education. SOURCE: Final Rulemaking published at 27 DCR 4297, 4334 …

1028 EMPLOYMENT OF RELATIVES 1028.1 No officer or employee of the Board of Education may appoint, employ, promote, advance, or advocate for employment, promotion, or advancement, in or to any position in the D.C. Public Schools an individual who is his or her relative. 1028.2 No …

1029 [RESERVED]

1030 CORRECTION OF ADMINISTRATIVE ERRORS 1030.1 It is the policy of the Board of Education that no employee in the Educational Service shall suffer any loss in pay, benefits, tenure status, or otherwise, caused by an administrative error. 1030.2 An administrative error, when dete…

1031 SUPERSESSION BY COLLECTIVE BARGAINING 1031.1 To the extent permitted by law, where subjects covered by this chapter are incorporated into a duly ratified collective bargaining agreement, the negotiated provisions shall supersede and take precedence over the otherwise applica…