District of Columbia Administrative Code

3341 PERSONNEL COSTS RELATED TO LABOR-MANAGEMENT AGREEMENTS 3341.1 The costs of employee services based on a labor-management agreement shall be allowable only to the extent that the contracting officer determines that the agreement does not discriminate against the District, and…

3342 COSTS OF BACK PAY 3342.1 The cost of back pay resulting from violations of applicable District law, federal labor laws, or the Civil Rights Act of 1964 where the employee was underpaid shall be allowable. 3342.2 All other back pay resulting from violations of applicable Dist…

3343 LABOR RELATIONS COSTS 3343.1 Costs incurred in maintaining satisfactory relations between the contractor and its employees, including costs of shop stewards, labor management committees, employee publications, and other related activities, shall be allowable. SOURCE: Final R…

3344 EXPERT AND CONSULTANT SERVICES COSTS 3344.1 Except as provided in §3344.2, costs of expert and consultant services shall be allowable when reasonable in relation to the services rendered and when not contingent upon recovery of costs from the District. 3344.2 In determining …

3345 RECRUITMENT COSTS 3345.1 If the size of the staff recruited and maintained is in keeping with District contract workload requirements, the following costs shall be allowable: (a) Costs of help-wanted advertising; (b) Costs of operating an employment office needed to secure a…

3346 RELOCATION COSTS 3346.1 Relocation costs incident to the permanent change of duty assignment, for an indefinite period or for a stated period of not less than twelve (12) months, of an existing employee or upon recruitment of a new employee shall not be allowable unless spec…

3350 ADVERTISING COSTS 3350.1 Advertising costs that arise from requirements of a District contract shall be allowable for the following purposes only: (a) Recruiting personnel required for performing contractual obligations when considered in conjunction with all other recruitme…

3351 CONTINGENCIES 3351.1 The contracting officer shall not allow contingency costs except in the case of a termination. 3351.2 A contingency factor may be allowed in connection with a termination when it is applicable to a past period to give recognition to minor unsettled facto…

3352 CONTRIBUTIONS AND DONATIONS 3352.1 Contributions and donations shall not be allowable. SOURCE: Final Rulemaking published at 35 DCR 1676 (February 26, 1988). AUTHORITY: DC-DCMR Unless otherwise noted, the authority for this chapter is the District of Columbia Procurement Pra…

3353 ENTERTAINMENT COSTS 3353.1 Costs of amusement, diversion, social activities, and any directly associated costs, such as tickets to shows or sport events, meals, lodging, rentals, transportation, and gratuities, shall not be allowable. 3353.2 Reasonable costs incurred for mee…

3354 FINES AND PENALTIES 3354.1 Fines and penalties resulting from violations of, or failure of the contractor to comply with District, federal, state, or local laws, or regulations shall not be allowable costs, except when incurred as a result of compliance with specific terms a…

3355 LOBBYING COSTS 3355.1 Costs associated with activities that involve attempts to influence the outcome of any District, federal, state, or local election, referendum, initiative, or similar procedure, including in-kind or cash contributions, endorsements, publicity, or simila…

3356 PLANT PROTECTION COSTS 3356.1 The cost of items such as wages, uniforms, and equipment of personnel engaged in plant protection and the cost of depreciation on plant protection capital assets shall be allowable. SOURCE: Final Rulemaking published at 35 DCR 1678 (February 26,…

3357 TRANSPORTATION COSTS 3357.1 Transportation costs, such as freight, express, cartage, and postage charges relating to goods purchased, in process, or delivered, shall be allowable. 3357.2 When identification with the materials received cannot be made, inbound transportation c…

3358 TRAVEL COSTS 3358.1 Costs for transportation, lodging, meals, and incidental expenses incurred by contractor personnel in official company business related to the District contract shall be allowable. Allowable costs may be based on actual cost incurred, per diem or mileage,…

3399 DEFINITIONS 3399.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed: Actual costs - amounts determined on the basis of costs incurred, as distinguished from forecasted costs. Actual costs include standard costs properly adjusted for…

3600 GENERAL PROVISIONS 3600.1 Only a contracting officer acting within the scope of the contracting officer's delegated contract authority is authorized to execute a contract modification on behalf of the District. Other District personnel shall not: (a) Execute contract modific…

3601 TYPES OF CONTRACT MODIFICATIONS 3601.1 A contract modification may either be bilateral or unilateral. 3601.2 The contracting officer shall use a bilateral contract modification (also known as a "supplemental agreement") to: (a) Make negotiated equitable adjustments resulting…

3602 UNAUTHORIZED CONTRACT MODIFICATIONS 3602.1 Employees and agents of the District other than duly appointed contracting officers shall not execute contract modifications or: (a) Act in a manner that causes or could reasonably cause a contractor to believe that they have author…

3603 CHANGE ORDERS 3603.1 The contracting officer shall include a changes clause, approved by the Director, in each solicitation and contract. 3603.2 Each changes clause shall specify the kinds of contract changes that the contracting officer may make within the scope of the cont…

3604 EQUITABLE ADJUSTMENTS 3604.1 If the contracting officer and the contractor agree in advance to an equitable adjustment in the contract price, delivery terms, or other contract terms, the contracting officer shall issue a bilateral contract modification and shall not be requi…

3605 [RESERVED] SOURCE: Final Rulemaking published at 35 DCR 1687 (February 26, 1988); as amended by Final Rulemaking published at 59 DCR 14956 (December 21, 2012). AUTHORITY: DC-DCMR Sections 204 and 1106 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (…

3606 EFFECTIVE DATES OF MODIFICATIONS 3606.1 For a solicitation amendment, change order, or administrative change, the effective date shall be the date on which the contracting officer issues the amendment, change order, or administrative change. 3606.2 For a bilateral modificati…

3699 DEFINITIONS 3699.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed: Amendment - any change to a solicitation issued by the contracting officer. Bilateral contract modification - a contract modification that is signed by the contrac…

3700 GENERAL PROVISIONS 3700.1 The contracting officer may terminate a contract for the convenience of the District, in whole or in part, if the contracting officer determines that the termination is in the best interests of the District. 3700.2 The contracting officer may termin…

3701 NOTICE OF TERMINATION 3701.1 The contracting officer shall terminate a contract for convenience or default by giving written notice to the contractor. The notice shall be hand-delivered, sent by telegram, or sent by certified mail, return receipt requested. 3701.2 When the t…

3702 NOTICE OF TERMINATION FOR CONVENIENCE 3702.1 After receipt of notice of termination for convenience, the contractor shall immediately comply with the notice, except as otherwise directed in writing by the contracting officer. 3702.2 In addition to the requirements of §3701, …

3703 SETTLEMENT AFTER TERMINATION FOR CONVENIENCE 3703.1 After issuing a notice of termination for convenience, the contracting officer shall be responsible for negotiating any settlement with the contractor. The contracting officer shall attempt to settle in one agreement all ri…

3704 SETTLEMENT MEMORANDUM 3704.1 At the conclusion of settlement negotiations, the contracting officer shall prepare a settlement memorandum containing the principal elements of the settlement for inclusion in the contract file. 3704.2 If the settlement was negotiated on the bas…

3705 SETTLEMENT BY DETERMINATION 3705.1 If the contractor and the contracting officer cannot agree on a termination settlement under §3703, or if the contractor fails to submit a settlement proposal within the period required by the termination clause, the contracting officer sha…

3706 PAYMENT AFTER SETTLEMENT 3706.1 After execution of a settlement agreement in accordance with §3703, the contractor shall submit a voucher or invoice showing the amount agreed upon less any portion previously paid. The contracting officer shall attach a copy of the settlement…

3707 TERMINATION OF SUBCONTRACTS 3707.1 Upon termination of a prime contract, the prime contractor and each subcontractor shall be responsible for the prompt settlement with their immediate subcontractors. A subcontractor shall have no contractual rights against the District upon…

3708 SETTLEMENT PROPOSALS AND SETTLEMENT AGREEMENTS 3708.1 The contractor shall submit to the contracting officer a settlement proposal for the amount claimed because of the termination for convenience. 3708.2 The contractor shall submit the settlement proposal within one (1) yea…

3710 TERMINATION FOR DEFAULT 3710.1 Under a termination for default, the District shall not be liable for the contractor's costs on undelivered work, and shall be entitled to the repayment of advance or progress payments, if any, applicable to that work. 3710.2 The default clause…

3711 TERMINATION FOR DEFAULT PROCEDURES 3711.1 When a termination for default is being considered, the contracting officer shall decide which type of termination action to take after consultation with contracting and technical personnel and legal counsel. 3711.2 Except as provide…

3712 NOTICE TO SHOW CAUSE 3712.1 When termination for default appears appropriate, the contracting officer may, if it is in the best interests of the District, notify the contractor in writing of the possibility of the termination. The show cause notice shall call the contractor'…

3713 NOTICE OF TERMINATION FOR DEFAULT 3713.1 If, after consideration of all facts and circumstances, and after compliance with the provisions of this chapter, the contracting officer determines that a termination for default is proper, the contracting officer shall issue a notic…

3714 EXCUSABLE FAILURE TO PERFORM AND OTHER NON-TERMINATION ACTIONS 3714.1 If the contracting officer determines before issuing the termination notice that the failure to perform is excusable in accordance with the contract clause required under §3700.8, the contract shall not be…

3715 TERMINATION OF COST-REIMBURSEMENT CONTRACTS FOR DEFAULT 3715.1 The termination clause of a cost-reimbursement type contract shall require the contracting officer to provide the contractor with at least ten (10) days notice before issuance of a notice of termination for defau…

3716 REPURCHASE AGAINST CONTRACTOR'S ACCOUNT 3716.1 When the goods or services under a terminated contract are still required after termination for default, the contracting officer shall repurchase the same or similar goods or services against the contractor's account as soon as …

3717 SURETY TAKEOVER AGREEMENTS 3717.1 The contracting officer shall carefully consider proposals by the surety concerning completion of the work. The contracting officer shall take action on the basis of the District's interests, including the possible effect of the action upon …

3799 DEFINITIONS 3799.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed: Completed goods - goods that are completely manufactured and ready for delivery. Cure notice - a notice in writing in which the contracting officer specifies a con…

3800 PROTESTS 3800.1 In accordance with the provisions of § 1003 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-360.03 (2011 Repl.)) (Act), all protests shall be filed with the District of Columbia Contract Appeal…

3801 CONTRACT DISPUTES 3801.1 Each District contract shall contain a disputes clause, approved by the Director, providing for resolution of disputes in accordance with the provisions of this chapter. 3801.2 Any dispute arising under or relating to a contract which is not resolved…

3802 CLAIMS BY THE DISTRICT AGAINST CONTRACTORS 3802.1 All claims by the District against a contractor arising under or relating to a contract shall be decided by the contracting officer. The contracting officer shall send the written decision regarding the claim to the contracto…

3803 CLAIMS BY CONTRACTORS AGAINST THE DISTRICT 3803.1 If a contractor is unable to resolve a dispute arising under or relating to a contract through informal discussions, the contractor may file a written claim with the contracting officer in accordance with this section. 3803.2…