District of Columbia Administrative Code

3107 PATENT RIGHTS PROCEDURES 3107.1 A contract may require the contractor to do any or all of the following: (a) Provide periodic reports (but not more frequently than annually) listing all inventions required to be disclosed during the period covered by each report; (b) Provide…

3110 RIGHTS TO COPYRIGHTED MATERIAL AND PROPRIETARY INFORMATION 3110.1 A contracting officer may acquire title to, or obtain or limit access to, copyrighted materials, materials subject to copyright protection, and proprietary information developed under or used in the performanc…

3111 PROPRIETARY OR CONFIDENTIAL INFORMATION IN BIDS AND PROPOSALS 3111.1 In accordance with § 417 of the Procurement Practices Reform Act of 2010, D.C. Official Code § 2-354.17, a bidder or offeror shall designate information contained in a response to the invitation for bids or…

3199 DEFINITIONS 3199.1 When used in this chapter, the following terms and phrases shall have the 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 th…

3200 PROVIDING CONTRACT FINANCING 3200.1 Generally, private financing shall be considered the most preferable type of financing for all District contracts. 3200.2 Contract financing by the District shall be provided only to the extent actually needed for prompt and efficient perf…

3201 USES OF CONTRACTING FINANCING 3201.1 Contract financing by the District shall be used only for financing contractor working capital, and shall not be used for the expansion of contractor-owned facilities. 3201.2 Except for contracts under which facilities are being procured …

3202 NEED FOR CONTRACT FINANCING 3202.1 If a contractor or offeror meets the standards prescribed in this title for responsible prospective contractors, the contracting officer shall not treat the contractor's need for contract financing as a handicap for contract award. 3202.2 A…

3205 ADVANCE PAYMENTS 3205.1 The contracting officer shall not authorize the use of advance payments unless the following criteria are met: (a) There is a need for contract financing; (b) Private financing is unavailable or insufficient; (c) Use of progress payments would be insu…

3206 INTEREST ON ADVANCE PAYMENTS 3206.1 The contracting officer shall charge interest on the daily unliquidated balance of all advance payments at the higher of the following rates: (a) The published prime rate of the District banking institution in which the advance payments ar…

3207 APPLICATION FOR ADVANCE PAYMENTS 3207.1 An eligible contractor may apply for advance payments before or after the award of a contract. 3207.2 The contractor or prospective contractor shall submit an advance payment request to the contracting officer in writing which provides…

3208 SECURITY, SUPERVISION, AND COVENANTS 3208.1 If advance payments are approved, the contracting officer shall enter into an agreement with the contractor covering bank accounts and including suitable covenants, approved by the Director, protecting the interests of the District…

3215 PROGRESS PAYMENTS BASED ON COSTS 3215.1 For the purpose of making progress payments and determining the limitations on progress payments, the contract price shall be as follows: (a) Under firm-fixed-price contracts, the contract price shall be the current contract price plus…

3216 CONSIDERATION FOR PROGRESS PAYMENTS 3216.1 There shall be no requirement for a separate consideration for providing progress payments or for changing progress payment or liquidation rates, if coverage is included in the terms of the contract when awarded. 3216.2 Adequate new…

3217 SUPERVISION OF PROGRESS PAYMENTS 3217.1 The extent of progress payments supervision, by prepayment review or periodic review, may vary, according to the contractor's experience, performance record, reliability, quality of management, and financial strength, and with the adeq…

3218 REVIEW OR AUDIT OF PROGRESS PAYMENTS 3218.1 In each contract providing for progress payments, the contracting officer shall include provisions, approved by the Director, giving the District the right to conduct postpayment reviews or audits at the discretion of the contracti…

3219 SUSPENSION OR REDUCTION OF PROGRESS PAYMENTS 3219.1 In each contract that provides for progress payments, the contracting officer shall include provisions, approved by the Director, which assert the District's right to reduce or suspend progress payments, or increase the liq…

3220 LIQUIDATION RATES 3220.1 Progress payments shall be recouped by the District through the deduction of liquidations from payments that would otherwise be due the contractor for completed contract items. 3220.2 To determine the amount of the liquidation, the contracting office…

3221 ADJUSTMENTS FOR PRICE REDUCTION 3221.1 If a retroactive downward price adjustment occurs under a redeterminable contract that provides for progress payments, the contracting officer shall do the following: (a) Determine the refund due and obtain repayment from the contractor…

3222 PROTECTION OF DISTRICT TITLE 3222.1 The contracting officer shall include a provision, approved by the Director, with the progress payment provisions in the contract which provides that the District shall receive title to all of the materials, work-in-progress, finished good…

3223 RISK OF LOSS 3223.1 The contracting officer shall include a provision, approved by the Director, with the progress payment provisions of the contract which provides that, except for normal spoilage, the contractor shall bear the risk of loss, theft, destruction, or damage to…

3224 PROGRESS PAYMENTS TO SUBCONTRACTORS 3224.1 The contracting officer shall encourage each contractor to provide progress payments to subcontractors on terms that meet the standards in §3215 for customary progress payments. 3224.2 In each contract providing for progress payment…

3230 CONTRACT DEBT DETERMINATION AND COLLECTION 3230.1 In addition to the provisions of chapter 38 of this title, the provisions of §§3230 through 3237 shall apply to all debts to the District arising under, or relating to, a procurement contract or subcontract, except as otherwi…

3231 DEMAND FOR PAYMENT OF CONTRACT DEBT 3231.1 The contracting officer shall make a demand for payment as soon as the amount of contract debt due has been computed. 3231.2 If the debt arises from excess costs for a default determination under chapter 37 of this title, the contra…

3232 NEGOTIATION OF REFUND TO RESOLVE CONTRACT DEBT 3232.1 The contracting officer shall attempt to resolve expeditiously the amount of contract debt and refund through negotiations with the contractor. 3232.2 If the contracting officer and contractor agree upon a refund to the D…

3233 SETOFF AND WITHHOLDING OF PAYMENTS 3233.1 If a disbursing officer is the responsible official for collection of a contract debt, or is notified of the debt by the contracting officer, or other officer designated to collect the debt, and has contractor invoices on hand for pa…

3234 DEFERMENT OF COLLECTION 3234.1 If the contracting officer receives a written request from the contractor for a deferment of the debt collection or installment payments, the contracting officer shall promptly review the request to see if the information included in accordance…

3235 DEFERRED PAYMENT AGREEMENTS 3235.1 The arrangement for deferred payment shall be in the form of a written agreement providing for deferred payment of the debt. The agreement shall be signed by the contracting officer and the contractor. 3235.2 The deferred payment agreement …

3236 CONTRACT DEBT INTEREST CHARGES AND CREDITS 3236.1 The contracting officer shall apply interest charges to any contract debt unpaid after thirty (30) days from the issuance of a demand, unless either of the following applies: (a) The contract specifies another due date or pro…

3237 COMPROMISE OF CONTRACT DEBT COLLECTIONS 3237.1 For debts under ten thousand dollars ($10,000), excluding interest, if further collection is not practical or would cost more than the amount of recovery, the Director may compromise the debt or terminate or suspend further coll…

3240 CONTRACT FUNDING 3240.1 In accordance with the Antideficiency Act (31 U.S.C. §665), no contracting officer or other District employee shall make or authorize an encumbrance or expenditure in advance of appropriations or which exceeds the budget authority available under a cu…

3243 LIMITATION OF COST OR FUNDS 3243.1 Upon learning that a partially funded contract will receive no further funds, the contracting officer shall promptly give the contractor notice of the decision not to provide funds. 3243.2 Under a cost-reimbursement contract, the contractin…