District of Columbia Administrative Code

101 BOARD 101.1 The name of the Board is the District of Columbia Contract Appeals Board. 101.2 The Board's membership shall consist of a Chief Administrative Judge (Chairperson) and other administrative judges, as provided by law. 101.3 Cases before the Board are assigned to pan…

102 CHIEF ADMINISTRATIVE JUDGE (CHAIRPERSON) 102.1 The chairperson of the Board shall serve as the Chief Administrative Judge of the Board. 102.2 In addition to participating in the hearing of cases, the Chief Administrative Judge shall oversee the administrative activities of th…

103 BOARD OPERATIONS 103.1 The Board's office shall be open for the transaction of business from 9:00 a.m. until 5:00 p.m. daily, except Saturdays, Sundays, and legal holidays. 103.2 (a) Unless otherwise directed by an administrative judge, all paper pleadings, briefs, motions, a…

104 PROTECTIVE ORDERS; IN CAMERA REVIEW 104.1 (a) At the request of a party to a protest or appeal or on its own initiative, the Board may issue a protective order controlling the treatment of protected information. Such information may include proprietary, confidential, or sourc…

105 EX PARTE COMMUNICATIONS 105.1 Ex parte communications, as defined in Subsection 199.1, shall be prohibited. 105.2 Excluded from ex parte communications are those that: (a) Are specifically authorized by law to be made on an ex parte basis; or (b) Relate to the Board's adminis…

106 APPEARANCE AND REPRESENTATION 106.1 In a proceeding before the Board, an individual, receiver, or trustee may appear in his or her behalf; a general partner of a partnership may represent the partnership; and an officer of a corporation may represent the corporation. The Offi…

107 FORM AND FILING OF PLEADINGS, MOTIONS, AND OTHER SUBMISSIONS 107.1 For documents, such as protests, agency reports, complaints, answers, motions, and responses thereto, filed on paper, an original and two (2) copies shall be filed with the Board. All paper filings shall conta…

108 SERVICE OF PLEADINGS, MOTIONS, AND OTHER SUBMISSIONS 108.1 Except as otherwise provided in the Board's rules or directed by an administrative judge, a pleading, motion, notice, appearance, or other submission filed with the Board subsequent to the filing of an appeal or a pro…

109 PROOF OF SERVICE 109.1 This section only applies to non-electronic filing. A party filing a document with the Board shall furnish written proof that a copy also has been sent to every other party. 109.2 The proof shall show the date and manner of service and may be written ac…

110 MOTIONS PRACTICE 110.1 Every application to the Board for an order or other relief shall be by motion. Before filing any motion, the moving party shall first ascertain whether other affected parties will consent to the relief sought. Only when the movant certifies in writing …

111 STIPULATIONS 111.1 The parties may stipulate to facts, issues, admission of relevant documents, testimony, discovery procedures, and other matters which may aid in expediting the proceedings in a case, subject to acceptance by the Board. A stipulation, however, may not extend…

112 DISCOVERY 112.1 The Board encourages all parties to engage in voluntary discovery. Discovery documents shall not be filed with the Board unless the Board, on its own initiative or by granting the motion of a party, orders that they be filed. 112.2 After an appeal has been doc…

113 FAILURE TO MAKE OR COOPERATE IN DISCOVERY; SANCTIONS 113.1 Before any motion to compel discovery is filed, the affected parties or counsel must meet for a reasonable period of time in an effort to resolve the disputed matter. The movant shall accompany any motion to compel di…

114 SUBPOENAS 114.1 A party is expected to cooperate in good faith by making available witnesses and evidence under the party's control, when requested by another party, without issuance of a subpoena and by securing the voluntary attendance of third-party witnesses and the produ…

115 JURISDICTION 115.1 The Board at any time may consider the question of its jurisdiction to decide a case. SOURCE: Final Rulemaking published at 49 DCR 2078 (March 8, 2002); as amended by Final Rulemaking published at 67 DCR 1734 (February 21, 2020). District of Columbia Munici…

116 SUSPENSION OF RULES 116.1 In the interest of expediting a decision in a case or for other good cause shown, the Board may, except for the time requirements for filing a protest or an appeal, suspend or dispense with the filing requirements and procedural provisions of these r…

117 RECONSIDERATION 117.1 A party to an appeal or a protest may by motion request the Board to reconsider its decision or order for the reasons stated below: (a) To clarify the decision; (b) To present newly discovered evidence which by due diligence could not have been presented…

118 CONSOLIDATION OF CASES 118.1 When cases involving a common question of law or facts are pending before the Board, consolidation may be ordered by the Board on its own initiative, or on the motion of a party in order to avoid unnecessary costs or delay. SOURCE: Final Rulemakin…

119 SEPARATE DETERMINATION OF LIABILITY 119.1 The Board may limit a hearing to those issues of law and fact relating to the right of a party to recover, reserving the determination of the amount of recovery, if any, for another proceeding. SOURCE: Final Rulemaking published at 49…

120 BURDEN OF PROOF 120.1 Except as otherwise provided by law, the burden of persuasion by a party to establish a fact or facts in dispute shall be met by a preponderance of the evidence. SOURCE: Final Rulemaking published at 49 DCR 2078 (March 8, 2002); as amended by Final Rulem…

121 DISMISSAL OF CASES 121.1 A case may be dismissed by an appellant or protester as a matter of right by filing a notice of dismissal at any time prior to the service of an answer or motion on the appellant or protester, or by filing a stipulation signed by each party. 121.2 A d…

122 COMPUTATION OF TIME 122.1 In computing any period of time prescribed or allowed by these rules, the day of the act, event, or default from which the designated period of time begins to run shall not be included. 122.2 The last day of each period computed pursuant to Subsectio…

123 ENLARGEMENT OF TIME 123.1 The Board, for good cause shown, may enlarge the time prescribed by the Board rules, or by its order, for doing any act, or may permit an act to be done after the expiration of the prescribed time. The Board, may not, however, enlarge the time for fi…

124 CONTINUANCES 124.1 Any party may move in writing to request a continuance of any scheduled hearing, or to extend the time to file a pleading, or for leave to amend a pleading if the motion is served on opposing parties and the Board at least five (5) business days before the …

125 UNEXCUSED ABSENCE OF A PARTY 125.1 The unexcused absence of a party at the time set for a motion or merits hearing will not be occasion for delay. In the event of such absence, the hearing will proceed and the motion or case will be regarded as submitted on the record by the …

126 EVIDENCE 126.1 The Board shall follow the rules of evidence of the D.C. Superior Court. However, oral and documentary evidence not ordinarily admissible under those rules may be received in evidence at the discretion of the Board. SOURCE: Final Rulemaking published at 49 DCR …

127 SANCTIONS 127.1 If a party or the party's representative fails or refuses to comply with a Board order or rule, or engages in unreasonable or vexatious conduct, the Board may, on its own initiative or on motion of a party, sanction the offending party or representative as it …

128 CONFLICT OF INTEREST 128.1 Board employees may not engage in outside employment, including the practice of law, that is incompatible with their duties and responsibilities on the Board or as District government employees, as provided in Title 6-B, Chapter 18, of the District …

129 SEAL OF THE BOARD 129.1 The seal of the Board shall be a circular boss, the center portion of which shall depict the flag of the District of Columbia and flag of the United States. The outer margin of the seal shall bear the legend, "CONTRACT APPEALS BOARD, D.C." SOURCE: Fina…

199 DEFINITIONS 199.1 In addition to the terms defined in D.C. Official Code § 2-351.04, the following terms shall have the indicated definitions for purposes of Chapters 1, 2, 3, and 4 of these rules: Aggrieved person means an actual or prospective bidder or offeror (i) whose di…

1000 IMPLEMENTATION OF PROCUREMENT CODE These rules implement the provisions in the Procurement Practices Reform Act of 2010, effective April 8, 2011, (D.C. Law 18-371; D.C. Official Code §§ 2-351.01, et seq.)(2011 Repl.) (Act). 1000.2 Where any statute or regulation is referred …

1001 COMPLIANCE WITH PROCUREMENT ACT AND REGULATIONS 1001.1 Except as otherwise provided in the Act or this section, a contract which is entered into in violation of the Act and this title is void. 1001.2 Notwithstanding the provisions of § 1001.1, a contract shall not be void if…

1002 [RESERVED] SOURCE: Final Rulemaking published at 35 DCR 1386 (February 26, 1988); as amended by Notice of Emergency and Proposed Rulemaking published at 58 DCR 9071 (September 27, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 11071, 11072 (Dece…

1003 APPOINTMENT OF CONTRACTING OFFICERS 1003.1 Each delegation of contracting authority under the Act shall be in writing and shall include clear instructions on the limitations of the contracting authority being delegated. 1003.2 The Director may delegate contracting authority …

1004 AUTHORITY AND RESPONSIBILITIES OF CONTRACTING OFFICERS 1004.1 The contracting officer shall be authorized to enter into, administer, and terminate contracts. However, the contracting officer may bind the District only to the extent of the contracting authority set forth in h…

1005 CONDUCT OF CONTRACTING OFFICERS 1005.1 The procurement business of the District shall be conducted in a manner above reproach and, except as authorized by law, with complete impartiality and with preferential treatment for none. 1005.2 The Director shall ensure that each con…

1006 [RESERVED] SOURCE: Final Rulemaking published at 35 DCR 1390 (February 26, 1988); as amended by Notice of Emergency and Proposed Rulemaking published at 58 DCR 9071 (September 27, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 11071, 11076 (Dece…

1007 [RESERVED] SOURCE: Final Rulemaking published at 35 DCR 1390 (February 26, 1988); as amended by Notice of Emergency and Proposed Rulemaking published at 58 DCR 9071 (September 27, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 11071, 11076 (Dece…

1008 PROHIBITION AGAINST CONTINGENT FEES 1008.1 The contracting officer shall ensure that each solicitation, other than those for small purchases, contains language approved by the Director giving notice to prospective contractors of the prohibition against contingent fee arrange…

1009 PROCUREMENT PLANNING 1009.1 Agencies shall perform procurement planning and conduct market surveys to promote and provide for full and open competition with due regard to the nature of the goods and services to be acquired. 1009.2 When full and open competition is not requir…

1099 DEFINITIONS When used in this chapter, the following terms have the meanings ascribed: Contingent fee - any commission, percentage, brokerage, or other fee that is dependant upon or tied to the success that a person or concern has in securing a District contract. Contract - …