District of Columbia Administrative Code

3899 DEFINITIONS 3899.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed: Claim - a written demand or written assertion by the District or a contractor seeking, as a matter of right, the payment of money in a sum certain, the adjustment …

3900 GENERAL PROVISIONS 3900.1 All business entities seeking or having a contract for goods or services, the acquisition or sale of any District-owned land or building, lease agreement, licensing arrangement, covered loan, covered loan guarantee, tax abatement or exemption, or su…

3901 PROHIBITED CONTRIBUTIONS: CONTRACTING AGENCY SUBJECT TO THE AUTHORITY OF THE MAYOR 3901.1 Subsections 3901.2 through 3901.10 apply to vendors having or seeking procurements valued at $250,000 or more in the aggregate that are either conducted or overseen by a contracting aut…

3902 PROHIBITED CONTRIBUTIONS: CONTRACTING AGENCY SUBJECT TO THE AUTHORITY OF THE ATTORNEY GENERAL 3902.1 Subsections 3902.2 through 3902.10 apply to vendors having or seeking procurements valued at $250,000 or more in the aggregate that are either conducted or overseen by a cont…

3903 PROHIBITED CONTRIBUTIONS: CONTRACTING AGENCY SUBJECT TO THE AUTHORITY OF THE COUNCIL 3903.1 This section applies to: (a) Vendors having or seeking procurements valued at $250,000 or more in the aggregate that are either conducted or overseen by a contracting authority that i…

3904 DETERMINATION OF CONTRACT VALUE 3904.1 For purposes of this chapter, the value of a contract is the combined sum of the contract value (not-to-exceed amount, or the total rent or purchase price for contracts for land or buildings, including the base period and any subsequent…

3905 CERTIFICATION BY BUSINESS ENTITIES 3905.1 Every business entity participating in a solicitation seeking a contract with a value of $250,000 or more, or multiple solicitations with a value of $250,000 or more in the aggregate, shall, in accordance with instructions by the rel…

3906 MANDATORY DISCLOSURES BY BUSINESS ENTITIES 3906.1 Each business entity that has or is seeking a District contract with a value of $250,000 or more or multiple District contracts with a value of $250,000 or more in the aggregate shall include with its bid or proposal the name…

3907 REQUIRED ACTIONS BY CONTRACTING AUTHORITIES 3907.1 The Chief Procurement Officer shall maintain a publicly available list on the website of the Office of Contracting and Procurement of all covered contractors, including their principals, for contracts under the authority of …

3908 PENALTIES 3908.1 (a) A business entity shall not be eligible for award, extension, or renewal of a contract, lease tax abatement or exemption, or surplus and disposition of any land or building by a contracting authority if the business entity or any of its principals contri…

3999 DEFINITIONS 3999.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed: “Business entity” – any corporation, partnership, sole proprietorship, firm, nonprofit corporation, enterprise, franchise, association, organization, self-employed…

400 ELECTRONIC FILING OF PLEADINGS AND OTHER DOCUMENTS 400.1 All pleadings, motions, memoranda of law, orders, or other documents may be filed electronically through the Board's designated vendor, File & ServeXpress ("Vendor") which can be contacted online at: HYPERLINK "http://w…

401 ASSIGNMENT BY THE VENDOR OF PERSONAL IDENTIFICATION NUMBERS 401.1 Upon receipt by the Vendor of a properly executed subscriber agreement at their website, the Vendor shall assign a confidential password to the attorney or other designated representative of a party before the …

402 MAINTENANCE OF ORIGINAL DOCUMENT 402.1 Unless otherwise ordered by the Board, an original of all documents filed electronically, including original signatures, shall be maintained by the party filing the document and shall be made available, upon reasonable notice, for inspec…

403 TIME FOR FILING AND EFFECT OF USE OF E FILING 403.1 Any pleading filed electronically shall be considered as filed with the Board when the transmission is completed ("authorized date and time"). Any document filed electronically with the Board before midnight local time at th…

404 SYSTEM OR USER FILING ERRORS 404.1 If the electronic filing is not filed with the Board because of (1) an error in the transmission of the document to the Vendor which was unknown to the sending party, (2) a failure to process the electronic filing when received by the Vendor…

405 FORM OF DOCUMENTS ELECTRONICALLY FILED 405.1 Format of Electronically Filed Documents. All electronically filed pleadings shall, to the extent practicable, be formatted in accordance with the applicable rules governing formatting of paper pleadings, and in such other and furt…

406 MULTIPLE CASE FILING 406.1 Where counsel is filing a pleading in consolidated cases, a single filing in the lead case is deemed to be filed in all cases consolidated with it. SOURCE: Final Rulemaking published at 49 DCR 2078 (March 8, 2002); as amended by Final Rulemaking pub…

407 ELECTRONIC SERVICE OF PLEADINGS AND OTHER DOCUMENTS 407.1 Electronic and Facsimile Service. All parties or their representatives may make service upon other parties electronically through the E File Service. Parties who subscribe to the E File Service consent to receive elect…

408 ELECTRONIC FILING AND SERVICE OF ORDERS AND OTHER PAPERS 408.1 The Board may issue, file, and serve notices, orders, and other documents electronically, subject to the provisions of these Rules. SOURCE: Final Rulemaking published at 49 DCR 2078 (March 8, 2002); as amended by …

409 SEALED DOCUMENTS 409.1 A motion for protective order may be filed and served electronically. Redacted copies of documents filed under seal may be filed and served electronically. SOURCE: Final Rulemaking published at 49 DCR 2078 (March 8, 2002); as amended by Final Rulemaking…

499 DEFINITIONS 499.1 Definitions E Filing. Electronic transmission of an original document (pleading) to the Board via the Vendor's system. An E File consists of a document, an image, or both. E Service. Electronic transmission of an original document (pleading) to all other des…

4000 CONTRACTING OFFICER RESPONSIBILITIES 4000.1 The contracting officer shall ensure that the goods, services, or construction procured under each District contract conform to the quality and quantity requirements of the contract, including inspection, acceptance, warranty, and …

4001 CONTRACT ADMINISTRATOR RESPONSIBILITIES 4001.1 The using agency, or the individual(s) responsible for contract administration in the case of a term contract, shall do the following: (a) Develop and apply efficient procedures for performing District contract quality assurance…

4002 CONTRACTOR RESPONSIBILITIES 4002.1 The contractor shall be responsible for carrying out its obligations under the contract by doing the following: (a) Controlling the quality of goods, services, or construction; (b) Ensuring that vendors or suppliers of raw materials, parts,…

4004 CONTRACT QUALITY REQUIREMENTS 4004.1 The type and extent of contract quality requirements needed in each solicitation or contract under §4000.2(a) shall depend on the particular procurement and may range from inspection at time of acceptance to a requirement for the contract…

4006 DISTRICT CONTRACT QUALITY ASSURANCE 4006.1 District contract quality assurance shall be performed at times and at places necessary to determine that the goods, services, or construction conform to contract requirements. 4006.2 Each contract shall designate the place or place…

4007 CONTRACT QUALITY ASSURANCE AT SOURCE 4007.1 The District shall perform contract quality assurance, including inspection, at the source in the following circumstances: (a) Performance at any other place would require uneconomical disassembly or destructive testing; (b) Consid…

4008 CONTRACT QUALITY ASSURANCE AT DESTINATION 4008.1 District contract quality assurance that can be performed at destination shall be limited to inspection of the goods or services. 4008.2 Inspection shall be performed at destination under the following circumstances: (a) Goods…

4009 CONTRACT QUALITY ASSURANCE FOR SMALL PURCHASES 4009.1 In determining the type and extent of District contract quality assurance to be required for small purchases, the contracting officer shall consider the criticality of application of the goods or services, the amount of p…

4010 CONTRACT QUALITY ASSURANCE OF SUBCONTRACTS 4010.1 District contract quality assurance on subcontracted goods, services, or construction shall be performed only when required in the best interests of the District. 4010.2 District contract quality assurance on subcontracted go…

4013 NONCONFORMING GOODS, SERVICES, OR CONSTRUCTION 4013.1 Except as provided in §§4013.5 and 4013.6, the contracting officer shall reject goods, services, or construction which do not conform in all respects to contract requirements. 4013.2 The contractor shall be given an oppor…

4018 ACCEPTANCE 4018.1 Acceptance shall constitute acknowledgement that the goods, services, or construction conform to the applicable contract quality and quantity requirements, except as provided in this section and subject to other terms and conditions of the contract. 4018.2 …

4019 RESPONSIBILITY FOR ACCEPTANCE 4019.1 Acceptance of goods, services, or construction shall be the responsibility of the contracting officer. 4019.2 When the contracting officer assigns the responsibility for acceptance to another District employee, acceptance by that employee…

4020 PLACE OF ACCEPTANCE 4020.1 Each contract shall specify the place of acceptance. 4020.2 Contracts that provide for District contract quality assurance at the source shall provide for acceptance at the source. 4020.3 Contracts that provide for District contract quality assuran…

4021 CERTIFICATE OF CONFORMANCE 4021.1 A certificate of conformance may be used instead of source inspection, whether the contract calls for acceptance at the source or at destination, at the discretion of the contracting officer, if the following conditions apply: (a) Acceptance…

4022 TRANSFER OF TITLE AND RISK OF LOSS 4022.1 Title to goods and construction shall pass to the District upon formal acceptance, regardless of when or where the District takes physical possession, unless the contract specifically provides for earlier passage of title. 4022.2 Unl…

4026 WARRANTIES 4026.1 The contracting officer shall ensure that each warranty in a District contract clearly delineates the rights and obligations of the contractor and the District for defective items and services and fosters quality performance. 4026.2 A warranty shall provide…

4027 CRITERIA FOR USE OF WARRANTIES 4027.1 The contracting officer shall determine whether a warranty is appropriate for each specific procurement. If a warranty is appropriate, the contracting officer shall use a warranty clause, approved by the Director, consistent with the con…