District of Columbia Administrative Code

202 DOCKETING OF APPEALS 202.1 When a complaint has been received by the Board, it shall be docketed promptly. 202.2 The Board shall provide the appellant a written acknowledgment that the complaint has been docketed, the case docket number, and the citation of the publication co…

203 THE APPEAL FILE 203.1 Within thirty (30) days after receipt of the acknowledgement that a complaint has been docketed, the contracting agency shall assemble and transmit to the Board an appeal file consisting of all documents pertinent to the appeal, including: (a) The decisi…

204 JUDICIAL NOTICE 204.1 The record in each case may also include such matters as the Board may expressly take notice of. 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 C…

205 ANSWER 205.1 Within thirty (30) days from receipt of the complaint, the contracting agency shall file an answer with the Board. If filed on paper, the contracting agency shall file an original and two (2) copies of the answer and attachments. 205.2 The contracting agency shal…

206 SUPPLEMENTAL PLEADINGS 206.1 The Board, upon its own initiative, or upon application by a party, may order a party to make a more definite statement of the complaint or answer, or to reply to an answer. SOURCE: Final Rulemaking published at 49 DCR 2078 (March 8, 2002); as ame…

207 AMENDMENT OF PLEADINGS 207.1 The Board may, in its discretion, and within the proper scope of the appeal, permit either party to amend its pleading upon conditions fair to both parties. 207.2 When issues within the proper scope of the appeal have not been raised by the pleadi…

208 ELECTION OF PROCEDURE 208.1 After the complaint, answer, appeal file and any supplemental pleadings have been filed, each party shall inform the Board whether it desires a hearing, as prescribed by Section 211, or whether it desires to submit its case on the record without a …

209 SUBMISSION ON THE RECORD 209.1 Both parties may elect to waive a fact-finding hearing and to submit the case on the record. 209.2 Submission of the case without a hearing shall not relieve the parties from providing the facts supporting their allegations and defenses. 209.3 E…

210 PREHEARING PROCEDURES 210.1 The Board may, upon its own initiative, or upon application of either party, arrange for a telephone conference or direct the parties to appear before the Board at a specified time and place, prior to or during the course of a hearing, to consider …

211 HEARINGS 211.1 The Board shall provide the parties at least seven (7) business days’ notice of the time and place of a hearing, but the notice may be waived by the parties. 211.2 All hearings on the merits shall be open to the public. The Board may limit access to testimony c…

212 POST HEARING BRIEFS 212.1 Unless filed electronically in accordance with Chapter 4, an original and two (2) copies of post hearing briefs shall be submitted as directed by the Board at the conclusion of the hearing. 212.2 Briefs and any memoranda of law shall be filed electro…

213 RECORD 213.1 The record of the appeal shall include the complaint, answer, appeal file, all motions and other submissions filed by the parties with the Board pursuant to these rules; all correspondence exchanged between the Board and the parties or their attorney; transcripts…

214 DECISIONS 214.1 All decisions shall be in writing and based solely on the record as prescribed in Subsection 213.1. 214.2 With each decision finally disposing of an appeal or any part thereof, the Board shall file separate findings of fact and conclusions of law unless the fi…

215 OPTIONAL SMALL CLAIMS (EXPEDITED) PROCEDURES 215.1 In an appeal where the amount in dispute is ten thousand dollars ($10,000) or less, the appellant may elect to have the appeal adjudicated under the small claims procedure set forth in this rule, or the accelerated procedure …

216 OPTIONAL ACCELERATED PROCEDURES 216.1 In appeals where the amount in dispute is fifty thousand dollars ($50,000) or less, the appellant may elect to have the appeal adjudicated under the accelerated procedure set forth in this rule. The appellant’s election must be made withi…

217 ALTERNATIVE DISPUTE RESOLUTION 217.1 Availability of ADR procedures. The Board will make its services available for ADR proceedings in contract appeals and protest matters involving District agencies. (a) ADR subsequent to docketing of case at the Board. Parties are encourage…

2000 MULTIYEAR CONTRACTS 2000.1 Unless prohibited by an appropriations act, a contracting officer may enter into a multiyear contract to obtain goods and services for any period of time deemed to be in the best interest of the District provided the term of the contract and condit…

2001 CANCELLATION OF MULTIYEAR CONTRACTS 2001.1 At the end of each fiscal year, a multiyear contract shall be canceled if sufficient budget authority is not available to fund the contract during a subsequent fiscal year. 2001.2 If a multiyear contract is canceled due to unavailab…

2002 MULTIYEAR CONTRACT SOLICITATIONS 2002.1 A solicitation for a multiyear contract shall include: The amount of supplies or services required or the proposed contract period; A unit price for each supply or service, which unit prices shall be the same throughout the contract (e…

2003 PURCHASE CARD PROCUREMENTS 2003.1 The Director may establish and administer a purchase card program to be used by District employees to perform their agency’s programmatic functions. SOURCE: Final Rulemaking published at 35 DCR 1506 (February 26, 1988); as amended by Final R…

2004 [RESERVED] SOURCE: Final Rulemaking published at 35 DCR 1506 (February 26, 1988); as amended by Final Rulemaking published at 62 DCR 9773 (July 17, 2015). District of Columbia Municipal Regulations Contracts and Procurement 27 DCMR § 2004 AUTHORITY: DC-DCMR Sections 204 and …

2005 USE OF OPTIONS 2005.1 The period within which an option may be exercised may extend beyond the date specified for completion of the services in a contract for services, but in no event shall the option be exercised after the contract term has expired. 2005.2 The base period …

2006 [RESERVED] SOURCE: Final Rulemaking published at 35 DCR 1506 (February 26, 1988); as amended by Final Rulemaking published at 62 DCR 9773 (July 17, 2015). District of Columbia Municipal Regulations Contracts and Procurement 27 DCMR § 2006 AUTHORITY: DC-DCMR Sections 204 and …

2007 [RESERVED] SOURCE: Final Rulemaking published at 35 DCR 1506 (February 26, 1988); as amended by Final Rulemaking published at 62 DCR 9773 (July 17, 2015). District of Columbia Municipal Regulations Contracts and Procurement 27 DCMR § 2007 AUTHORITY: DC-DCMR Sections 204 and …

2008 EXERCISE OF OPTIONS 2008.1 When exercising an option, the contracting officer shall provide written notice to the contractor within the time period specified in the contract. SOURCE: Final Rulemaking published at 35 DCR 1506 (February 26, 1988); as amended by Final Rulemakin…

2099 DEFINITIONS 2099.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed: Director - the Director of the Office of Contracting and Procurement (OCP) or the District of Columbia Chief Procurement Officer (CPO). Multiyear contract - as use…

2100 PRIORITIES FOR USE OF REQUIRED SOURCES 2100.1 Except as otherwise authorized by this title or law, each agency shall satisfy requirements for goods and services from or through the sources listed below in descending order of priority: (a) Existing agency inventories; (b) Exc…

2101 EXCESS PERSONAL PROPERTY 2101.1 When requirements cannot be met from existing agency inventories, each agency shall use excess personal property as its first source of supply in fulfilling its requirements. 2101.2 Each agency shall ensure that all personnel make positive eff…

2102 EXISTING REQUIREMENTS CONTRACTS 2102.1 The use of District requirements contracts shall be mandatory for all District agencies listed under the contract as using agencies. 2102.2 When goods or services are available under a District requirements contract, a contracting offic…

2103 EXISTING INDEFINITE QUANTITY CONTRACTS 2103.1 The use of District indefinite quantity contracts shall be mandatory to the extent of the minimums stated in those contracts. SOURCE: Final Rulemaking published at 35 DCR 1516 (February 26, 1988); as amended by Final Rulemaking p…

2104 DISTRICT OF COLUMBIA SUPPLY SCHEDULES 2104.1 Except as provided by §§ 2101, 2102, 2103, 2104.2 and 2104.3, the contracting officer shall award contracts of $250,000 or less to a qualified SBE on the DCSS. 2104.2 If the contracting officer determines in writing that there are…

2105 MANDATORY SET-ASIDES 2105.1 Except as provided by §§ 2101, 2102, 2103, 2104 and 2105.2 and 2105.3, the contracting officer shall award contracts of $250,000 or less to a qualified SBE. 2105.2 If the contracting officer determines in writing that there are not at least two (2…

2106 FEDERAL SCHEDULES 2106.1 Except as provided by §§ 2101, 2102, 2103, 2104 and 2105, the contracting officer may utilize federal schedules that offer programs to the District following the applicable schedule procedures. 2106.2 Except as otherwise provided in a federal schedul…

2107 SALES DISCOUNT UNDER DISTRICT OF COLUMBIA SUPPLY SCHEDULE PROGRAM 2107.1 The Director may charge and collect, on a quarterly basis, a sales discount in the amount of one percent (1%), on all sales, purchase orders, delivery orders, task orders, and purchase card transactions…

2110 [REPEALED] SOURCE: Final Rulemaking published at 35 DCR 1519 (February 26, 1988); as amended by Final Rulemaking published at 62 DCR 9255 (July 3, 2015). District of Columbia Municipal Regulations Contracts and Procurement 27 DCMR § 2110 AUTHORITY: DC-DCMR Sections 204 and 1…

2111 [REPEALED] SOURCE: Final Rulemaking published at 35 DCR 1519 (February 26, 1988); as amended by Final Rulemaking published at 62 DCR 9255 (July 3, 2015). District of Columbia Municipal Regulations Contracts and Procurement 27 DCMR § 2111 AUTHORITY: DC-DCMR Sections 204 and 1…

2112 [REPEALED] SOURCE: Final Rulemaking published at 35 DCR 1519 (February 26, 1988); as amended by Final Rulemaking published at 62 DCR 9255 (July 3, 2015). District of Columbia Municipal Regulations Contracts and Procurement 27 DCMR § 2112 AUTHORITY: DC-DCMR Sections 204 and 1…

2115 [REPEALED] SOURCE: Final Rulemaking published at 35 DCR 1519 (February 26, 1988); as amended by Final Rulemaking published at 62 DCR 9255 (July 3, 2015). District of Columbia Municipal Regulations Contracts and Procurement 27 DCMR § 2115 AUTHORITY: DC-DCMR Sections 204 and 1…

2116 [REPEALED] SOURCE: Final Rulemaking published at 35 DCR 1519 (February 26, 1988); as amended by Final Rulemaking published at 62 DCR 9255 (July 3, 2015). District of Columbia Municipal Regulations Contracts and Procurement 27 DCMR § 2116 AUTHORITY: DC-DCMR Sections 204 and 1…

2199 DEFINITIONS 2199.1 When used in this chapter, the following terms and phrases shall have the meaning ascribed: Director - the Director of the Office of Contracting and Procurement (OCP) or the District of Columbia Chief Procurement Officer (CPO). Excess personal property - a…

2200 RESPONSIBLE PROSPECTIVE CONTRACTORS 2200.1 The contracting officer shall make purchases from and award contracts to responsible contractors only. 2200.2 For all contracts that exceed one hundred thousand dollars ($100,000), the contracting officer shall not make a purchase o…

2201 SPECIAL STANDARDS OF RESPONSIBILITY 2201.1 The contracting officer shall develop special standards of responsibility for a solicitation when experience has demonstrated that unusual expertise or specialized facilities are needed for adequate contract performance. The contrac…

2202 APPLICATION OF GENERAL STANDARDS 2202.1 The contracting officer shall require, and the prospective contractor shall promptly provide, acceptable evidence that the prospective contractor has, or has the ability to obtain sufficient resources. 2202.2 Acceptable evidence of the…

2203 SUBCONTRACTOR RESPONSIBILITY 2203.1 Except as provided in § 2212.8 of this chapter, a prospective contractor shall be accountable for determining the responsibility of prospective subcontractors. The prime contractor shall use the requirements and standards for responsibilit…

2204 OBTAINING INFORMATION FOR DETERMINATION OF RESPONSIBILITY 2204.1 Before making a determination of responsibility, the contracting officer shall possess or obtain information sufficient to satisfy the contracting officer that a prospective contractor currently meets the appli…

2205 DETERMINATIONS AND DOCUMENTATION 2205.1 The contracting officer’s execution of a contract shall constitute a determination that the prospective contractor is responsible with respect to that contract. 2205.2 When an offer on which an award would otherwise be made is rejected…