District of Columbia Administrative Code

2206 PRE-AWARD SURVEYS 2206.1 The contracting officer may require a pre-award survey to assist in determining a prospective contractor’s capability to perform a proposed contract. 2206.2 When a pre-award survey discloses unsatisfactory performance, the contracting officer shall d…

2210 DEBARMENT, SUSPENSION, AND INELIGIBILITY 2210.1 The provisions of §§ 2210 through 2218 of this chapter shall govern the debarment and suspension of persons. 2210.2 Debarment and suspension shall be imposed only in the public interest for the District’s protection and not for…

2211 LIST OF DEBARRED, SUSPENDED, AND INELIGIBLE PERSONS 2211.1 The Director shall compile and maintain a current, consolidated list of all persons that have been debarred, suspended, or declared ineligible by the District. The list shall be known as the District’s excluded parti…

2212 CONSEQUENCES OF DEBARMENT, SUSPENSION, OR INELIGIBILITY 2212.1 Unless the Director determines in writing that there is a compelling reason to do otherwise, agencies shall not solicit offers from, award contracts to, or consent to a District contractor’s subcontract with a pe…

2213 DEBARMENT 2213.1 The Director may debar a person for any of the causes set forth in § 907(a)(1) of the Act or any other applicable statute, regulation, or final decision, unless the Director makes a finding in writing that it would be contrary to the best interest of the Dis…

2214 DEBARMENT PROCEEDINGS 2214.1 The Director shall initiate debarment proceedings by notifying the person and any specifically named affiliates by certified mail, return receipt requested, of the following: (a) The reason(s) for the proposed debarment in sufficient detail to pu…

2215 SUSPENSION 2215.1 The Director shall suspend a person for any of the causes set forth in § 907(b)(1) of the Act, D.C. Official Code § 2-359.07(b)(1), unless the Director makes a finding in writing that it would be contrary to the best interest of the District to do so. 2215.…

2216 SUSPENSION PROCEEDINGS 2216.1 The Director shall initiate suspension proceedings by notifying the person and any specifically named affiliates by certified mail, return receipt requested, of the following: (a) Reasons for the suspension in sufficient detail to put the person…

2217 SCOPE OF DEBARMENT OR SUSPENSION 2217.1 The scope of any debarment or suspension shall be based upon the conduct of the persons or contractors involved, in accordance with the provisions of this section. 2217.2 The fraudulent, criminal, or other seriously improper conduct of…

2218 MAINTENANCE OF DEBARMENT AND SUSPENSION RECORDS 2218.1 The Director shall keep and maintain a case docket of current debarment and suspension proceedings under the Director’s jurisdiction and copies of the Director’s decisions and final orders. SOURCE: Final Rulemaking publi…

2219 [RESERVED] SOURCE: Final Rulemaking published at 35 DCR 1384, 1525 (February 26, 1988); as amended by Emergency and Proposed Rulemaking published at 56 DCR 9343 (December 11, 2009)[EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 57 DCR 1783 (February 2…

2220 ORGANIZATIONAL CONFLICTS OF INTEREST 2220.1 The contracting officer shall analyze each planned procurement in order to identify and evaluate potential organizational conflicts of interest early in the procurement process and avoid, neutralize, or mitigate potential conflicts…

2221 [RESERVED] SOURCE: Final Rulemaking published at 35 DCR 1384, 1525 (February 26, 1988); as amended by Final Rulemaking published at 66 DCR 14414 (November 1, 2019). District of Columbia Municipal Regulations Contracts and Procurement 27 DCMR § 2221 AUTHORITY: DC-DCMR Section…

2222 [RESERVED] SOURCE: Final Rulemaking published at 35 DCR 1384, 1525 (February 26, 1988); as amended by Final Rulemaking published at 66 DCR 14414 (November 1, 2019). District of Columbia Municipal Regulations Contracts and Procurement 27 DCMR § 2222 AUTHORITY: DC-DCMR Section…

2225 CONTRACTOR TEAM ARRANGEMENTS 2225.1 The District may recognize the integrity and validity of contractor team arrangements when those arrangements are identified and company relationships are fully disclosed in an offer or, for an arrangement entered into after submission of …

2299 DEFINITIONS 2299.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed: Contractor team arrangement – An arrangement under which two (2) or more persons form a partnership or joint venture to act as a potential prime contractor, or an …

2300 GENERAL PROVISIONS 2300.1 The time of delivery or performance is an essential contract element and shall be clearly stated in each solicitation and contract. 2300.2 The contracting officer shall ensure that a delivery or performance schedule is realistic and meets the requir…

2301 DELIVERY AND PERFORMANCE SCHEDULES 2301.1 When establishing a contract delivery or performance schedule for goods or services, the contracting officer shall consider applicable factors, including the following: (a) Urgency of need; (b) Production time; (c) Market conditions;…

2302 IMPLEMENTATION OF DELIVERY AND PERFORMANCE SCHEDULES 2302.1 The contracting officer shall provide to the contractor a copy of the executed contract, notice of award, or notice of acceptance of proposal not later than the date of the contract, or as soon thereafter as possibl…

2303 LIQUIDATED DAMAGES 2303.1 The contracting officer may use a liquidated damages clause in a contract when the following factors apply: (a) The time of delivery or performance is such an important factor in the performance of the contract that the District may reasonably expec…

2304 VARIATION IN QUANTITY: SUPPLY CONTRACTS 2304.1 A fixed-price supply contract may authorize District acceptance of a variation in the quantity of items if the variation is caused by conditions of loading, shipping, packing, or by allowances in manufacturing processes. 2304.2 …

2305 VARIATION IN QUANTITY: CONSTRUCTION CONTRACTS 2305.1 Construction contracts may authorize a variation in estimated quantities of unit-priced items. 2305.2 When the variation between the estimated quantity and the actual quantity of a unit-priced item is more than plus or min…

2307 SUSPENSION OF WORK 2307.1 Suspension of work under a construction or architect-engineer contract may be ordered by the contracting officer for a reasonable period of time. 2307.2 If the contractor believes that the suspension is unreasonable, the contractor may submit a writ…

2308 STOP WORK ORDERS 2308.1 A contracting officer may issue a stop-work order, when appropriate, if work stoppage is required to protect the best interests of the District in circumstances such as advancement in the state-of-the-art production, engineering breakthroughs, or real…

2309 DISTRICT DELAY OF WORK 2309.1 If the District unreasonably delays the performance on a contract, the contractor may submit a written claim for equitable adjustment of the contract price based on increases in the cost of performance due to the work delay, in accordance with t…

2399 DEFINITIONS 2399.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed: Date of contract – the date on which the contract is signed by the contracting officer. Director – the Director of the Office of Contracting and Procurement or the…

2400 GENERAL PROVISIONS 2400.1 The contracting officer shall use the type of contract, or combination of types of contracts, in accordance with the provisions of this chapter that is most appropriate to the circumstances of each procurement, and that serves the best interests of …

2401 SELECTING CONTRACT TYPES 2401.1 The contracting officer shall identify the type of contract, or combination of types of contracts, to be used prior to solicitation. The solicitation shall inform bidders of the type of contract, or combination of types of contracts, to be use…

2402 FIXED-PRICE CONTRACTS 2402.1 Fixed-price contracts may provide for a firm price or, in appropriate cases, an adjustable price. 2402.2 The contracting officer shall use a firm-fixed-price contract when the risk involved is minimal (or can be predicted with an acceptable degre…

2403 FIXED-PRICE CONTRACTS WITH ECONOMIC PRICE ADJUSTMENTS 2403.1 The contracting officer shall not use a fixed-price contract with economic price adjustment unless the contracting officer determines that it is necessary to protect the contractor and the District against signific…

2404 FIXED-PRICE CONTRACTS WITH PROSPECTIVE PRICE REDETERMINATION 2404.1 The contracting officer may use a fixed-price contract with prospective price redetermination in procurements of quantity production or services for which it is possible to negotiate a fair and reasonable fi…

2405 COST-REIMBURSEMENT CONTRACTS 2405.1 The contracting officer may use a cost-reimbursement contract only when: (a) Uncertainties involved in contract performance either do not permit costs to be estimated with sufficient accuracy to use any type of fixed-price contract; or (b)…

2406 INCENTIVE CONTRACTS 2406.1 The contracting officer may use an incentive contract when a firm-fixed-price contract is not appropriate and the required goods or services can be procured at lower costs and, in certain instances, with improved delivery or technical performance, …

2407 TYPES OF INCENTIVES 2407.1 Incentive contracts shall include cost incentives, which take the form of a profit or fee adjustment formula. No incentive contract shall provide for other incentives without also providing for a cost incentive. 2407.2 Except for cost-plus-award-fe…

2408 FIXED-PRICE INCENTIVE CONTRACTS 2408.1 A fixed-price incentive contract may be used when the following factors apply: (a) A firm-fixed-price contract is not suitable; (b) The nature of the goods or services being procured, and the specific circumstances of the procurement, a…

2409 COST-PLUS-AWARD-FEE CONTRACTS 2409.1 A cost-plus-award-fee contract is a type of cost reimbursement contract and may only be used when the criteria set forth in § 2405.1 of this chapter are satisfied. 2409.2 A cost-plus-award-fee contract may be used when the following facto…

2415 DEFINITE-QUANTITY CONTRACTS 2415.1 The contracting officer may use a definite-quantity contract when it can be determined in advance that a specific quantity of goods or services will be required during the contract period, and the goods or services are regularly available o…

2416 TERM CONTRACTS 2416.1 The contracting officer may use a term contract (either a requirements contract or an indefinite-quantity contract) when the exact quantities of goods or services are not known at the time of contract award. Term contracts shall be subject to the provis…

2417 ORDERING UNDER TERM CONTRACTS 2417.1 The contracting officer shall include in the schedule of requirements in each term contract the names of the agency or agencies authorized to issue orders under the contract. 2417.2 Each order placed under a term contract shall contain th…