District of Columbia Administrative Code

2633 ARCHITECT-ENGINEER PERFORMANCE EVALUATION 2633.1 The contract administrator shall prepare a performance evaluation report for contracts of more than ten thousand dollars ($10,000) and may prepare a report for contracts of ten thousand dollars ($10,000) or less. 2633.2 The co…

2699 DEFINITIONS 2699.1 When used in this chapter, the following words and terms shall have the meanings ascribed: Affiliate - an individual or firm that controls, is controlled by, or is under common control with another individual or firm. Award information - information regard…

2700 GENERAL PROVISIONS 2700.1 In addition to the requirements for bonds and other security under the provisions of Title V of the D.C. Procurement Practices Act of 1985 (the "Act"), D.C. Law 6-85, D.C. Code § 1-1185 (1981), the Director or any contracting officer may require any…

2701 BID BONDS AND OTHER SECURITY 2701.1 The contracting officer may require bid security in connection with any solicitation, regardless whether any payment or performance security will be required under the contract. 2701.2 When the District independent price estimate for a con…

2702 NONCOMPLIANCE WITH BID SECURITY REQUIREMENTS 2702.1 If a bid fails to comply with the bid security requirements set forth in the solicitation, the contracting officer shall reject the bid. However, the contracting officer may accept the bid if the contracting officer determi…

2703 PERFORMANCE AND PAYMENT SECURITY 2703.1 The contracting officer shall require a contractor to furnish performance and payment bonds or other security on any construction contract when the District’s independent estimate of the cost of the contract exceeds one hundred thousan…

2704 REDUCTION OF SHELTERED MARKET SECURITY REQUIREMENTS 2704.1 The Director may approve the reduction of the amount of any type of security required in a solicitation designated for the sheltered market, as follows: (a) Up to twenty percent (20%) of the amount of each type of se…

2707 SURETY BONDS AND OTHER SECURITY 2707.1 A new surety bond covering all or part of the obligation on a security previously approved may be substituted for the original security, if approved by the contracting officer. 2707.2 When a new surety bond is approved, the contracting …

2708 SURETIES 2708.1 Agencies shall obtain adequate security for bonds (including coinsurance and reinsurance agreements), required or used with a contractor for goods or services, including construction. 2708.2 A bond security may be obtained from a corporate or individual suret…

2709 CONSENT OF SURETY 2709.1 If a contract is modified, the contracting officer shall obtain the consent of surety in the following circumstances: (a) When an additional bond is obtained from another surety; (b) When no additional bond is required and the modification is beyond …

2710 INSURANCE 2710.1 The District shall require each contractor to obtain insurance, by purchase, for the risks to which the contractor is exposed, except when the contract specifically relieves the contractor of liability for loss of or damage to District property. 2710.2 The c…

2711 REINSURANCE 2711.1 If reinsurance is contemplated, the contracting officer may require reinsurance agreements to be executed and submitted with the securities before making a final determination on the securities. 2711.2 When specified in the solicitation, the contracting of…

2712 LIABILITY 2712.1 The contracting officer shall require contractors to comply with applicable federal and District workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the emplo…

2799 DEFINITIONS 2799.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed: Attorney-in-fact - an agent, independent agent, underwriter, or any other company or individual holding a power of attorney granted by a surety. Bid bond - a bid s…

2800 CONSENT TO SUBCONTRACT 2800.1 The contracting officer may require consent to subcontract in any instance where the contracting officer determines that it would be in the best interest of the District. 2800.2 The contracting officer shall require consent to subcontract in tho…

2801 CONTRACTING OFFICER'S RESPONSIBILITIES 2801.1 The contracting officer shall ensure that any requirements for consent to subcontract are included in the solicitation for the prime contract. 2801.2 The contracting officer's consent to subcontract shall not constitute a determi…

2899 DEFINITIONS 2899.1 As used in this chapter, the following terms and phrases shall have the meanings ascribed: Consent to subcontract - the contracting officer's written consent for the prime contractor to enter into a particular subcontract. Facilities contract - a contract …

2900 PRELIMINARY PREPARATIONS 2900.1 Special pilot projects (SPPs) may be proposed for goods, services, or construction. 2900.2 SPPs may be initiated by an unsolicited proposal or by an agency on its own initiative. 2900.3 An agency may engage in preliminary discussions with a pr…

2901 CONTRACT AWARD 2901.1 The contracting officer shall post the determination and findings with the notice of award on the Internet within seven (7) days of award. 2901.2 The term of a contract for an SPP shall not exceed one (1) year, unless otherwise approved by the Director.…

2999 DEFINITIONS 2999.1 When used in this chapter, the following terms have the meanings ascribed: Director – the Director of the Office of Contracting and Procurement or the District of Columbia Chief Procurement Officer. Special pilot project – a short-term, carefully planned, …

300 PARTIES ENTITLED TO PROTEST 300.1 An aggrieved person, as defined in Subsection 199.1, may protest to the Board a solicitation issued by or for a District contracting agency for the procurement of property or services, or a proposed award, or the award of such a contract. SOU…

301 FORM AND CONTENT OF PROTEST 301.1 All protests shall be in writing, addressed to the Board, and shall include the following: (a) The name, address, and telephone number of the protester; (b) The identity of the contracting agency, the number and date of the solicitation, and …

302 FILING THE PROTEST WITH THE BOARD; TIME LIMITATIONS 302.1 Unless filed electronically in accordance with Chapter 4, the protester shall file an original and two (2) paper copies of its protest, including all attachments, with the Board by hand delivery, mail, or commercial ca…

303 BOARD DOCKETING OF PROTESTS 303.1 Docketing of Protests. When a protest has been accepted for filing by the Board, it shall be docketed immediately. (a) The Board shall prepare an acknowledgment that the protest has been docketed, indicating the name of the protester, the sol…

304 AUTOMATIC STAY; DIRECTOR DETERMINATION TO PROCEED 304.1 Automatic Stay Procedures. Except as provided by law, no contract may be awarded in any procurement after the contracting officer has received the notice of protest pursuant to Subsection 303.1 (b) and while the protest …

305 AGENCY REPORT 305.1 As expeditiously as possible but no later than twenty (20) days after receipt of the Board acknowledgment specified in Subsection 303.1 (a), the contracting agency shall file an Agency Report with the Board which shall include, where relevant: (a) The proc…

306 DISPOSITIVE MOTION IN LIEU OF REPORT 306.1 In lieu of filing the Agency Report, the contracting agency may file a dispositive motion with the Board and serve it on all parties. If the motion is filed and denied by the Board in whole or in part, the Agency Report shall be file…

307 COMMENTS ON AGENCY REPORT OR MOTION 307.1 Within seven (7) business days after receipt of the Agency Report, or the dispositive motion prescribed in Subsection 306.1, the protester and interested parties may file a reply or response to either which shall state the party's fac…

308 SUMMARY DISPOSITION OF PROTESTS 308.1 When a protest is, on its face, invalid or untimely filed, or otherwise not for consideration, the Board shall summarily dismiss the protest without requiring submission of an Agency Report. 308.2 Frivolous Protests. The Board may dismiss…

309 DISCOVERY 309.1 Discovery in protest cases shall be permitted only with approval by the Board and is available only to the protester, the contracting agency, and an intervenor. 309.2 The Board may permit a protester or intervenor to engage in discovery if no Agency Report is …

310 CONFERENCE 310.1 A conference may be held at the discretion of the Board upon its own motion or upon the request of the protester, the contracting agency, or another proper party who filed comments on the Agency Report in accordance with Section 307. 310.2 A request for a con…

311 EVIDENTIARY HEARINGS 311.1 If the Board determines that there is a genuine issue of material fact which cannot be resolved on the written record, the Board may order an evidentiary hearing. Ordinarily, hearings will be conducted at the Board, however, the Board may at its dis…

312 DECISION 312.1 All decisions shall be in writing, based solely on the record, issued sixty (60) business days from the protest filing date, and transmitted to each party who has participated in the protest before the Board. 312.2 Judicial Review of Board decisions on Protests…

313 RECONSIDERATION 313.1 The protester, the contracting agency, or an interested party who filed comments on the Agency Report may by motion request the Board to reconsider a decision. 313.2 Motions for reconsideration shall be conducted in accordance with Section 117 of these r…

314 REMEDIES 314.1 If the Board determines, in sustaining a protest, that the solicitation, proposed award, or award does not comply with the applicable law, regulations, or terms and conditions of the solicitation, the Board may order the contracting agency to do one or more of …

3000 GENERAL PROVISIONS 3000.1 The contracting officer shall not award a contract or otherwise obligate the District for any service that is an inherently governmental function. 3000.2 The contracting officer may award a contract for the performance of a function closely associat…

3001 INHERENTLY GOVERNMENTAL FUNCTIONS 3001.1 An inherently governmental function involves, among other things, the interpretation and execution of the laws of the District to: (a) Bind the District to take or not to take some action by contract, policy, regulation, authorization…

3002 FUNCTIONS CLOSELY ASSOCIATED WITH AN INHERENTLY GOVERNMENTAL FUNCTION 3002.1 Functions closely associated with inherently governmental functions include services that involve or relate to: (a) The evaluation of another contractor’s performance when the evaluation is not to b…

3003 WAIVER 3003.1 The Director may waive compliance with any of the requirements of this chapter for any contract in effect on October 8, 2016, and for any option period exercised under such contract, so long as the option period was provided for in the contract as of October 8,…

3099 DEFINITIONS 3099.1 The following terms used in this chapter shall have the following meanings ascribed: Confidential information – any information which is available to an employee of the District of Columbia only because of the employee’s status as an employee of the Distri…

3100 GENERAL PROVISIONS 3100.1 The District shall honor rights in patents, copyrights, and proprietary information. Contracting officers shall comply with the requirements of applicable federal laws and regulations, in addition to the requirements of this chapter, in acquiring or…

3101 NOTICE AND ASSISTANCE 3101.1 A contractor shall notify the contracting officer of all claims of patent or copyright infringement or misappropriation of proprietary information that come to the contractor’s attention in connection with performing a District contract. 3101.2 A…

3102 INDEMNIFICATION 3102.1 The contracting officer shall not include in any solicitation or contract any provision by which the District expressly agrees to indemnify the contractor against liability for patent or copyright infringement or misappropriation of proprietary informa…

3105 LICENSING AND ROYALTY INFORMATION 3105.1 Upon the request of the contracting officer, a contractor or a prospective contractor shall furnish to the contracting officer licensing and royalty information and reports sufficient to determine whether royalties or licenses anticip…

3106 PATENT RIGHTS UNDER DISTRICT CONTRACTS 3106.1 If the contract permits the contractor to retain title to an invention, and the contractor elects to retain title, the District shall have at least a nonexclusive, non-transferable, irrevocable, paid-up license to use or have use…