District of Columbia Administrative Code

9507 SPECIFICATIONS, STATEMENT OF WORK, AND PURCHASE DESCRIPTIONS 9507.1 The Hospital shall provide specifications, statement of work, and purchase descriptions in a manner designed to promote competition to the maximum extent possible and shall include restrictive provisions or …

9508 COMPETITIVE SEALED BIDDING 9508.1 Competitive sealed bidding shall be the preferred procedure for the solicitation of bids for the procurement of supplies, services, or construction when the following conditions exist: (a) Award will be made on the basis of conformance to th…

9509 COMPETITIVE SEALED PROPOSALS 9509.1 If competitive sealed bidding is not appropriate, offers shall be solicited through the competitive sealed proposals method. 9509.2 A pre-proposal conference may be held to brief prospective offerors after a solicitation has been issued bu…

9510 COST OR PRICING DATA 9510.1 Bidders/offerors maybe required to submit and certify cost or pricing data before award of contract. 9510.2 Certification and submission of actual cost or pricing data shall not be required when it is determined that prices are as follows: (a) Bas…

9511 ANTI-COMPETITIVE PRACTICES AMONG OFFERORS 9511.1 For the purpose of this section, an “anti-competitive practice” is a practice among offerors or potential offerors that reduces or eliminates competition or restrains trade. An anti-competitive practice can result from an agre…

9512 ETHICS IN PUBLIC CONTRACTING 9512.1 To achieve the purpose of this section, it is essential that all persons doing business with the Hospital observe the ethical standards prescribed herein. The CO shall make available and disseminate to every person doing business with the …

9513 FREEDOM OF INFORMATION AND PRIVACY 9513.1 The CO shall direct any request for records which specifically cites the D.C. Freedom of Information Act (the “FOIA”), D.C. Code, 2001 Ed. §§2-531 to 2- 539, to the Executive Director or to the information officer designated by the E…

9599 DEFINITIONS 9599.1 The following terms as used in this chapter and Chapters 96, 97, and 98 shall have the meanings ascribed: Allocable costs - a cost is considered allocable if the goods or services involved are chargeable or assignable to a particular cost objective (e.g., …

9600 SOLE SOURCE PROCUREMENT 9600.1 A sole source may be approved if it is in the best interest of the Hospital. 9600.2 Reasonable steps shall be taken to avoid using sole source procurement except in circumstances when it is both necessary and in the best interests of the Hospit…

9601 EMERGENCY PROCUREMENT 9601.1 A procurement may be approved on an emergency basis if such procurement is necessary to remedy an existing or inherent emergency condition. 9601.2 Documentation shall be made of the circumstances necessitating any such emergency purchases. SOURCE…

9602 SMALL PURCHASES 9602.1 The CO has the authority to use the small purchase procedures for the procurement of supplies, services, and other items when the total amount of the purchase does not exceed twenty-five thousand dollars ($25,000). SOURCE: Final Rulemaking published at…

9603 RATIFICATION OF UNAUTHORIZED PURCHASES 9603.1 Ratification of unauthorized purchases shall not be used in a manner that encourages such purchases being made by Hospital personnel. 9603.2 Ratification authority shall not be delegated below the level of the Executive Director.…

9700 SPECIAL PROVISIONS FOR CONSTRUCTION AND ARCHITECT - ENGINEER PROCUREMENT 9700.1 Procurement for construction and architect-engineer services shall be awarded in accordance with the provisions of this section. In instances where the provisions of this section are inconsistent…

9800 CONTRACT AWARD 9800.1 Contract award may be made as follows: (a) Within the time specified for acceptance in the solicitation or an extension thereof; (b) To the responsible and responsive bidder/offer, whose bid/offer meets the requirements and criteria provided in the soli…

9801 PURCHASE ORDERS 9801.1 Purchase orders shall be approved and issued to buy supplies, services, equipment and construction by the Hospital, shall specify the quantity and quality of supplies or services ordered, any trade and prompt payment discounts offered, delivery date, a…

9802 CONTRACT MODIFICATIONS 9802.1 Only a CO is authorized to execute a contract modification on behalf of the Hospital. Other Hospital personnel shall not do any of the following: (a) Execute contract modifications, including change orders; (b) Act in a manner that causes a cont…

9803 CONTRACT COST PRINCIPLES 9803.1 The CO shall incorporate the contract cost principles in contracts as the basis for: (a) Determining reimbursable costs under cost-reimbursement contracts and cost-reimbursement subcontracts, and the cost-reimbursement portion of time-and-mate…

9804 CONTRACT FINANCING AND FUNDING 9804.1 Contract financing in the form of progress payments may be to assist a contractor when private financing for a contract is either unavailable or insufficient. 9804.2 The CO shall not make progress payments or increase the contract price …

9805 MULTIYEAR/OPTION CONTRACTS 9805.1 Multiyear contracting is a special method used to acquire known requirements extending over more than one (1) year but not to exceed five (5) years. 9805.2 Unless prohibited by the provisions of an appropriations act, a CO may issue the foll…

9806 TAXES 9806.1 The Government of the District of Columbia is exempt from, and will not pay, Federal Excise Taxes and D.C. Sales and Use Tax. Bidders must exclude such taxes, as well as state and city taxes, from their bids. SOURCE: Final Rulemaking published at 41 DCR 4508, 45…

9807 BONDS, OTHER SECURITY, AND INSURANCE 9807.1 The CO may require any of the following types of security for any solicitation or contract, other than a small purchase, regardless of the estimated amount of the contract when determined to be in the best interest of the Hospital …

9808 USE OF HOSPITAL PROPERTY AND SOURCES BY CONTRACTORS 9808.1 When it is in the best interest of the Hospital, and if supplies or services required in the performance of a Hospital contract are available from Hospital property or Hospital supply sources, COs may authorize contr…

9809 PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION 9809.1 The Hospital shall honor rights in patents, copyrights, and proprietary information. The CO shall comply with the requirements of District laws and regulations, in addition to the requirements of this section, in acquir…

9810 DELIVERY AND PERFORMANCE 9810.1 The Hospital shall ensure that a delivery or performance schedule is practical, given the need of the Hospital, and takes into account factors which impact the delivery or performance and meets the requirements of the procurement. 9810.2 A sol…

9811 QUALITY CONTROL 9811.1 A contractor and/or subcontractor may be required to provide and maintain an inspection system or program for the control of quality that is acceptable to the Hospital. 9811.2 The contractor shall be ultimately responsible for performing all inspection…

9812 INSPECTIONS 9812.1 The Hospital may, in its sole discretion, enter a contractor’s or subcontractor’s plant or place of business in order to: (a) Inspect for acceptance by the Hospital based on the terms of the contract; (b) Audit cost or pricing data, or audit the books and …

9813 AUDITS 9813.1 At reasonable times and places, the Hospital may audit the books and records of any contractor, subcontractor, prospective contractor, or prospective subcontractor which are related to any contract with the Hospital when one of the following circumstances exist…

9814 TERMINATION OF CONTRACTS 9814.1 The CO may terminate a contract for the convenience of the Hospital or default in whole or in part, if it is determined that the termination is in the best interest of the Hospital. 9814.2 The CO may effect a no-cost settlement instead of issu…

9815 DEBARMENT OR SUSPENSION 9815.1 A contractor shall be debarred or suspended from being awarded any Hospital contracts if the principal, or in the case of a corporation, any of its officers, directors, or shareholders holding a substantial interest, or in the case of a partner…

9816 PROTESTS 9816.1 Any aggrieved person or person thought to be aggrieved may protest a solicitation, award or proposed award. The protest shall be filed in writing within ten (10) days after the basis of the protest is known (or should have been known) with the contracting off…

9817 DISPUTES 9817.1 The Hospital shall attempt to resolve all disputes arising under or relating to contracts by mutual agreement after informal discussions between the contractor and the CO. 9817.2 Any dispute arising under or relating to a contract which is not resolved by inf…

9900 GENERAL PROVISIONS 9900.1 These regulations are implemented pursuant to Sections 2(b) and 5 of the Health Care and Community Residence Facility, Hospice and Home Care Licensure Act of 1983 ("Act"), effective February 24, 1984 (D.C. Law 5-48; D.C. Official Code §§ 44-501(b) a…

9901 OPERATING OFFICE 9901.1 Each home support agency shall maintain an operating office within the District of Columbia. This office shall be staffed at least eight (8) hours per business day. 9901.2 The business hours of the operating office shall be posted publicly so that the…

9902 APPLICATION FOR LICENSURE 9902.1 Applications for licensure shall be processed in accordance with this section and Chapter 31 of Title 22-B DCMR. 9902.2 The submission of an application does not guarantee that the Department will issue a license. 9902.3 Applicants for licens…

9903 LICENSURE 9903.1 At the beginning of a home support agency’s license year, the Department shall issue a provisional license for a period of ninety (90) days to each home support agency that has completed the application process consistent with these regulations, has passed t…

9904 LICENSE FEES 9904.1 License fees for home support agencies shall be based upon a census of clients served in the District of Columbia at the time of applying for the issuance or renewal of a license. The fees shall be as follows: Initial Application Processing Fee $1200 Lice…

9905 INSURANCE 9905.1 Each home support agency shall maintain the following minimum amounts of insurance coverage: Blanket malpractice insurance for all professional employees in the amount of at least one million dollars ($1,000,000) per incident; and Comprehensive general liabi…

9906 GOVERNING BODY 9906.1 Each home support agency shall have a governing body that shall be responsible for the operation of the home support agency. 9906.2 The governing body shall: (a) Establish and adopt by-laws, policies, and procedures governing the operation of the home s…

9907 DIRECTOR 9907.1 The Director shall be responsible for managing and directing the home support agency's operations, serving as a liaison between the governing body and staff, employing qualified personnel, and ensuring that staff members are adequately and appropriately train…

9908 POLICIES AND PROCEDURES 9908.1 Each home support agency shall develop and implement written operational policies and procedures that govern the day-to-day operations of the home support agency. These policies and procedures shall be approved by the governing body and shall b…

9909 PERSONNEL 9909.1 Each home support agency shall have written personnel policies that shall be available to each staff member and shall include the following: (a) The terms and conditions of employment, including but not limited to wage scales, hours of work, personal and med…

9910 ADMISSIONS 9910.1 Each home support agency shall develop and implement written policies on admissions, which shall include, at a minimum, the following: (a) Admission criteria and procedures; (b) A description of the services provided; (c) The amount charged for each service…

9911 CLIENT SERVICE AGREEMENT 9911.1 There shall be a written service agreement between each client and the home support agency. The agreement shall: Specify the services to be provided by the home support agency, including but not limited to: Frequency of visits including schedu…

9912 DISCHARGES, TRANSFERS, AND REFERRALS 9912.1 Each home support agency shall develop and implement written policies that describe discharge, transfer, and referral criteria and procedures, including timeframe for discharge, transfer, or referral if a need for services beyond p…

9913 CLIENT SERVICE PLAN 9913.1 The home support agency shall provide services in accordance with a written client service plan in agreement with the client or client representative, if applicable. 9913.2 A registered nurse shall develop a service plan on admission based upon the…

9914 CLIENT RECORDS 9914.1 Each home support agency shall establish and maintain a complete and accurate client record of the services provided to each client in accordance with this chapter and accepted professional standards and practices. 9914.2 Each client record shall includ…

9915 RECORDS RETENTION AND DISPOSAL 9915.1 Each home support agency shall maintain a records system that shall include the following: (a) Written policies that provide for the protection, confidentiality, retention, storage, and maintenance of home support agency records; and (b)…

9916 CLIENT RIGHTS AND RESPONSIBILITIES 9916.1 Each home support agency shall develop a written statement of client rights and responsibilities that shall be given, upon admission, to each client who receives personal care services or the client representative, if applicable. 991…

9917 MANAGEMENT OF COMPLAINTS AND INCIDENTS 9917.1 Each home support agency shall develop and implement policies and procedures for receiving, processing, documenting, and investigating complaints and incidents. 9917.2 A complaint may be presented to the home support agency orall…

9918 PERSONAL CARE SERVICES 9918.1 A home support agency may offer personal care services and shall employ qualified home health aides pursuant to 17 DCMR §§ 9300 et seq. to perform those services. 9918.2 Each home health aide shall be supervised by a registered nurse. On-site su…