District of Columbia Administrative Code

4028 USE OF WARRANTIES 4028.1 The contracting officer shall not include a warranty in a cost-reimbursement contract unless approved by the head of the contracting agency. 4028.2 A warranty clause shall not limit the District's rights under an inspection clause in relation to late…

4029 WARRANTY TERMS AND CONDITIONS 4029.1 To facilitate the pricing and enforcement of warranties, the contracting officer shall ensure that each warranty clearly states the following: (a) The exact nature of the item and its components and the characteristics that the contractor…

4030 FIXED-PRICE INCENTIVE CONTRACT WARRANTIES 4030.1 If a fixed-price incentive contract contains a warranty, the contracting officer shall consider the estimated cost of the warranty to the contractor in establishing the incentive target price and the ceiling price of the contr…

4033 CONTRACTOR LIABILITY FOR LOSS OF OR DAMAGE TO DISTRICT PROPERTY 4033.1 The provisions of this section shall apply to contractor liability for loss of or damage to District property that occurs after acceptance as a result of defects or deficiencies in the goods delivered or …

4099 DEFINITIONS 4099.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed; Acceptance - the act of an authorized representative of the District by which the District, for itself or as agent of another, assumes ownership of existing identi…

4100 CONTRACTOR USE OF DISTRICT SUPPLY SOURCES 4100.1 When it is in the best interest of the District, and if goods or services required in the performance of a District contract are available from District supply sources, the contracting officer may authorize contractors to use …

4101 CONTRACTOR USE OF DISTRICT VEHICLES AND RELATED SERVICES 4101.1 When it is in the best interest of the District, the contracting officer may authorize contractors in writing to use District-owned or leased vehicles and related services (including fuel and lubricants, vehicle…

4102 USE OF DISTRICT PROPERTY AND FACILITIES 4102.1 Except as provided otherwise in this chapter or the contract, each contractor and subcontractor shall furnish all property and facilities necessary to perform District contracts. SOURCE: Final Rulemaking published at 35 DCR 1733…

4103 [RESERVED] SOURCE: Final Rulemaking published at 35 DCR 1733 (February 26, 1988); as amended by Final Rulemaking published at 63 DCR 10016 (July 29, 2016). District of Columbia Municipal Regulations Contracts and Procurement 27 DCMR § 4103 AUTHORITY: DC-DCMR Sections 204 and…

4104 PROVISION OF MATERIAL FOR PERFORMING CONTRACTS 4104.1 Except as provided otherwise in this section, each contractor and subcontractor shall furnish all material for performing District contracts. 4104.2 The contracting officer may provide material to the contractor or subcon…

4106 CONTRACTOR RESPONSIBILITY FOR DISTRICT PROPERTY 4106.1 Except as provided in the contract, the contractor shall be directly responsible and accountable for all District property, including all District property in the possession or control of a subcontractor. 4106.2 The cont…

4107 PROPERTY CONTROL SYSTEMS 4107.1 The contractor shall establish and maintain a system to record, control, protect, preserve, and maintain all District property. The system shall be reviewed and approved by the contracting officer before District property is provided or made a…

4109 CONTRACTOR LIABILITY FOR DISTRICT PROPERTY 4109.1 Contractors shall be responsible and liable for District property in their possession, unless otherwise specified in the contract. 4109.2 When the District provides District property directly to a subcontractor, the provision…

4110 DISTRICT RECORDS: GENERAL PROVISIONS 4110.1 The contractor’s property control records shall constitute the District’s official property records unless an exception has been authorized by the contracting officer. 4110.2 The contractor shall establish and maintain adequate con…

4111 CONTENTS OF PROPERTY CONTROL RECORDS 4111.1 Official District property records shall identify all District property and provide a complete, current, auditable record of all transactions. 4111.2 The contractor’s property control records shall provide the following basic infor…

4112 INVENTORIES 4112.1 Immediately upon termination or completion of a contract providing for use of District property by the contractor shall perform, and cause each subcontractor to perform, a physical inventory that is adequate for disposal purposes of all District property a…

4113 CARE, MAINTENANCE, AND USE OF DISTRICT PROPERTY 4113.1 The contractor shall be responsible for the proper care, maintenance, and use of District property in its possession or control from the time of receipt until properly relieved of responsibility, in accordance with sound…

4114 PROPERTY USE PROCEDURES 4114.1 The contractor shall establish written procedures to ensure that District property will be used only for those purposes authorized in the contract and that required approvals are obtained. The contractor’s written procedures shall include; (a) …

4199 DEFINITIONS 4199.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed: District property - all property owned by or leased to the District or acquired by the District under the terms of the contract, including property in the possessi…

4200 REQUESTS FOR RECORDS 4200.1 A request for a record of the Office of Contracting and Procurement (OCP) shall be made to OCP’s designated Freedom of Information Officer. 4200.2 OCP’s response to a request for a record shall be made in accordance with the provisions of the D.C.…

4201 [RESERVED] SOURCE: Final Rulemaking published at 35 DCR 1748 (February 26, 1988); as amended by Final Rulemaking published at 62 DCR 8057 (June 5, 2015). District of Columbia Municipal Regulations Contracts and Procurement 27 DCMR § 4201 AUTHORITY: DC-DCMR Sections 204 and 1…

4202 PRIVACY AND DISCLOSURE 4202.1 If a contractor collects, retains, or has in its possession any document, record, or other information obtained in the performance of a District contract which document, record, or information may be exempt from disclosure under the FOIA Act, th…

4299 [REPEALED] SOURCE: Final Rulemaking published at 35 DCR 1748 (February 26, 1988); as amended by Final Rulemaking published at 62 DCR 8057 (June 5, 2015). District of Columbia Municipal Regulations Contracts and Procurement 27 DCMR § 4299 AUTHORITY: DC-DCMR Sections 204 and 1…

4500 GENERAL PROVISIONS 4500.1 The Director shall establish and conduct classes, courses, seminars, workshops, and other educational programs on District procurement law, rules, and procedures (collectively referred to in this section as “procurement educational programs” or “pro…

4501 [RESERVED] SOURCE: Final Rulemaking published at 35 DCR 1750 (February 26, 1988); as amended by Final Rulemaking published at 62 DCR 14067 (October 30, 2015). District of Columbia Municipal Regulations Contracts and Procurement 27 DCMR § 4501 AUTHORITY: DC-DCMR The District …

4502 [RESERVED] SOURCE: Final Rulemaking published at 35 DCR 1750 (February 26, 1988); as amended by Final Rulemaking published at 62 DCR 14067 (October 30, 2015). District of Columbia Municipal Regulations Contracts and Procurement 27 DCMR § 4502 AUTHORITY: DC-DCMR The District …

4599 DEFINITIONS 4599.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed; Director - the Director of the Office of Contracting and Procurement or the District of Columbia Chief Procurement Officer. SOURCE: Final Rulemaking published at 3…

4600 GENERAL 4600.1 This chapter sets forth the procurement rules of the Not-for-Profit Hospital Corporation (Hospital), pursuant to authority granted by sections 105(a), 106(6), and 111 of the Not-for-Profit Hospital Corporation Establishment Emergency Amendment Act of 2010, eff…

4601 APPLICABILITY 4601.1 These rules apply to the procurement of goods or services, including construction services, by and for the Hospital: (a) Whether through purchase or lease; and (b) Whether the goods or services are already in existence or must be developed. 4601.2 This c…

4602 CHIEF CONTRACTING OFFICER 4602.1 The Chief Executive Officer shall serve as the Hospital’s Chief Contracting Officer (CCO). The CCO shall have plenary contracting authority and have responsibility for supervising the Hospital’s procurement activities. The CCO shall prescribe…

4603 DELEGATION OF AUTHORITY TO CONTRACTING OFFICERS 4603.1 The CCO may delegate contracting authority to employees of the Hospital, or employees of the District of Columbia government acting on behalf of the Hospital, who shall be designated as Contracting Officers. Any such del…

4604 AUTHORITY AND DUTIES OF CONTRACTING OFFICERS 4604.1 Only the CCO or a Contracting Officer shall have the authority to award, modify, or terminate contracts; provided, however, that prior to terminating any contract, the Contracting Officer shall first obtain the approval of …

4605 CONTRACTOR QUALIFICATION REQUIREMENTS 4605.1 A prospective contractor must: (a) Be responsible; and (b) Not be disqualified on the basis of conflicts of interest (either personal or organizational) or related ethical concerns. 4605.2 The issues of responsibility and conflict…

4606 RESPONSIBILITY 4606.1 To receive a contract from the Hospital, a contractor must be responsible. To be considered responsible, a contractor must: (a) Have or provide evidence that it can obtain the financial, technical, and organizational skills and resources, and the facili…

4607 ORGANIZATIONAL CONFLICTS OF INTEREST; DISQUALIFICATION 4607.1 The Hospital intends to avoid even the appearance of conflict of interest or impropriety in connection with its procurement activities. Thus, even if a prospective contractor is determined to be responsible, the C…

4608 MARKET RESEARCH 4608.1 Before issuing a solicitation, making a purchase, or awarding a contract, the Hospital may: (a) Estimate the likely cost of the proposed procurement and assure that adequate funds are available; and (b) Conduct appropriate market research and establish…

4609 PREPARING SOLICITATIONS 4609.1 After conducting market research, when required, the Contracting Officer shall make a determination as to which procurement method identified in section 4614 of these regulations is most beneficial to the Hospital. The Contracting Officer will …

4610 PUBLICIZING PROCUREMENT OPPORTUNITIES 4610.1 The Contracting Officer may use a variety of methods to publicize procurement. The specific method or methods used should be tailored to the particular procurement, taking into account factors such as the size of the procurement, …

4611 CONTRACT TYPES 4611.1 The type of contract awarded by the Contracting Officer will generally depend on factors such as the particular goods or services to be acquired, whether the costs of the goods or services can be estimated in advance with reasonable accuracy, and the de…

4612 FIXED-PRICE CONTRACTS 4612.1 Fixed price contracts include several variants: (a) Firm, fixed price contracts; (b) Fixed price contracts with economic price adjustment; and (c) Fixed price incentive contracts. 4612.2 Unlike cost reimbursement contracts, any type of fixed pric…

4613 COST REIMBURSEMENT CONTRACTS 4613.1 Cost reimbursement contracts provide for the contractor to recover the reimbursable costs it incurs in contract performance, plus a fee (that is, a profit). 4613.2 A reimbursable cost must be: (a) Reasonable in nature and amount; (b) Prope…

SPECIAL METHODS OF CONTRACTING 4614.1 Notwithstanding any other provision of this chapter, a Contracting Officer may award contracts with other organizations, public or private, for goods and services that are in the Hospital’s best interest. As part of the procurement planning p…

4615 BASIC ORDERING AGREEMENTS 4615.1 Under basic ordering agreements (also known as task order contracts or term contracts), the contractor’s performance obligations are triggered when the Contracting Officer subsequently issues task orders pursuant to the contract. 4615.2 Basic…

4616 TIME AND MATERIALS CONTRACTS AND LABOR HOURS CONTRACTS 4616.1 Time-and-materials contracts provide for acquiring supplies or services on the basis of: (a) Direct labor hours charged at fixed hourly rates that include overhead and profit; and (b) Materials (which may be charg…

CONTRACTING PROCEDURES GENERALLY 4617.1 Unless otherwise specified, every procurement by the Hospital should be conducted in accordance with competitive contracting procedures, suitable to the specific procurement, that produce reasonable value and reasonable results. 4617.2 The …

4618 SOLE SOURCE CONTRACTS 4618.1 Procurement contracts may be awarded through noncompetitive negotiations when the CCO or the CCO designee determines in writing that one (1) of the following conditions exists: (a) There is only one (1) source for the required commodity, service,…