District of Columbia Administrative Code

4619 SEALED BIDDING 4619.1 The solicitation used to initiate a procurement conducted by sealed bidding is known as an Invitation for Bids (IFB). 4619.2 If the Contracting Officer issues an IFB, the Contracting Officer shall allow prospective bidders a reasonable time to prepare a…

4620 COMPETITIVE NEGOTIATION 4620.1 The solicitation used to initiate a procurement conducted by competitive negotiation is known as a Request for Proposals (RFP). 4620.2 If the Contracting Officer issues an RFP, the Contracting Officer shall establish a reasonable deadline for o…

4621 SIMPLIFIED CONTRACTING PROCEDURES 4621.1 The basic purposes of simplified contracting procedures are to: (a) Promote economy, efficiency, and innovation in contracting; (b) Reduce administrative costs to the Hospital; and (c) Avoid unnecessary burdens or complexities that co…

4622 D.C. SUPPLY SCHEDULE; GSA SCHEDULES 4622.1 The Contracting Officer may purchase goods and services directly from the D.C. Supply Schedule or the U.S. General Service Administration (GSA) Schedule. Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8507 (…

4623 THE CONTRACTING OFFICER’S RESPONSIBILITY FOR CONTRACT ADMINISTRATION 4623.1 The Contracting Officer has overall responsibility for the contract’s administration. Among other things, this requires the Contracting Officer: (a) To monitor whether goods or services are delivered…

4624 PAYMENT REQUESTS 4624.1 Except as provided by Subsection 4624.8, requests for payment must be submitted in writing by the contractor together with a valid written contract. 4624.2 Contractor payment requests shall: (a) Certify that the contractor is entitled to payment in th…

4625 EXERCISING CONTRACT OPTIONS 4625.1 The Contracting Officer may exercise a contract option upon determining that: (a) Funds are available and authorized for this purpose; (b) The goods or services covered by the option fulfill an existing need; and (b) Exercising the option i…

4626 CONTRACT MODIFICATIONS 4626.1 The Contracting Officer may modify a contract subject to the provisions of this section. 4626.2 A modification must be within the general scope of the original contract. Any requirement for extra work that goes beyond the contract’s general scop…

4627 CONTRACT TERMINATION 4627.1 All contracts awarded by the Contracting Officer shall include “Termination for Default” and “Termination for Convenience” clauses specifically defining the Hospital’s termination rights. 4627.2 When exercising the Hospital’s rights under a termin…

4628 CONTRACT DOCUMENTATION 4628.1 The Contracting Officer is responsible for maintaining documentation regarding the contract and the procurement. 4628.2 The contract file shall include: (a) The solicitation and any amendments; (b) The contract and any modifications; (c) Any typ…

4629 TRANSFER OF CONTRACTS 4629.1 Contracts or pending procurements related to the Hospital may be transferred by the Hospital to any agency or instrumentality of the District in accordance with the provisions of this section. 4629.2 The CCO shall review the proposed procurement …

4630 DISPUTES 4630.1 Each contract entered into by the Contracting Officer shall include a disputes clause that sets forth the procedures by which disputes shall be resolved. 4630.2 The disputes clause may, if the Contracting Officer determines it to be in the best interest of th…

4631 PROTESTS 4631.1 All protests to the award of a contract by the Contracting Officer shall be resolved in accordance with this section. 4631.2 A protest shall be submitted to the Contracting Officer in writing. 4631.3 A protest shall include: (a) The name of the protestor; (b)…

4632 APPLICABLE LAWS 4632.1 The Hospital’s procurement rules shall comply with the requirements related to: (a) Council review of multiyear contracts and contracts in excess of one million dollars ($1,000,000) - as set forth in section 451 of the District of Columbia Home Rule Ac…

4700 GENERAL 4700.1 This chapter sets forth the rules of the Department of General Services (Department) for the procurement of construction and construction-related services as authorized by section 1106(a)(2) of the Procurement Practices Reform Act of 2010 (PPRA), effective Apr…

4701 APPLICABILITY 4701.1 These rules apply to the procurement by the Department of goods or services, whether through purchase or lease and whether the goods or services are already in existence or must be developed, including construction and related services which may include …

4702 CHIEF CONTRACTING OFFICER 4702.1 The Director shall serve as the Department’s Chief Contracting Officer (CCO). 4702.2 The CCO shall have overall responsibility for supervising the Department’s procurement activities and to award any contracts pursuant to this chapter. SOURCE…

4703 DELEGATION OF AUTHORITY TO CONTRACTING OFFICERS 4703.1 The CCO may delegate his or her contracting authority to employees of the Department, or employees of the District of Columbia government acting on behalf of the Department, who shall be designated as “Contracting Office…

4704 AUTHORITY AND DUTIES OF CONTRACTING OFFICER 4704.1 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 in excess of two hundred fifty thousand dollars ($250,000), t…

4705 CONTRACTOR QUALIFICATION REQUIREMENTS 4705.1 To be eligible to receive a contract from the Department, a prospective contractor must satisfy two (2) basic qualification requirements. Specifically, the prospective contractor must: (a) Be responsible; and (b) Not be disqualifi…

4706 RESPONSIBILITY 4706.1 To receive a contract from the Department, a contractor must be responsible. To be considered responsible, a contractor must: (a) Have or can obtain the necessary financial, technical, organizational, experience, accounting, operational control skills, …

4707 ORGANIZATIONAL CONFLICTS OF INTEREST; DISQUALIFICATION 4707.1 The Department 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…

4708 MARKET RESEARCH 4708.1 Before issuing a solicitation or making a purchase, the Department shall: (a) Estimate the likely cost of the proposed procurement; and (b) Conduct appropriate market research. 4708.2 Market research is designed primarily to familiarize the Department …

4709 PREPARING SOLICITATIONS 4709.1 After conducting market research, the Contracting Officer shall make a determination as to which procurement method identified in these regulations is most beneficial to the Department. The Department will ordinarily prepare a solicitation requ…

4710 PUBLICIZING PROCUREMENT OPPORTUNITIES 4710.1 The Department may use a variety of methods to publicize a 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, the typ…

4711 CONTRACT TYPES 4711.1 The type of contract the Department awards 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 degree to which…

4712 FIXED-PRICE CONTRACTS 4712.1 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. 4712.2 Unlike cost reimbursement contracts, any type of fixed-pric…

4713 COST REIMBURSEMENT CONTRACTS 4713.1 Cost reimbursement contracts provide for the contractor to recover the reimbursable costs it incurs in contract performance, plus a fee (that is, a profit). 4713.2 A reimbursable cost shall be: (a) Reasonable in nature and amount; (b) Prop…

4714 PROJECT DELIVERY METHODS 4714.1 Within the contract types described in sections 4711 through 4713, the Department may adopt a number of project delivery methods, including those set forth in subsection 4701.1 as may be in District’s best interest. 4714.2 As part of the procu…

4715 BASIC ORDERING AGREEMENTS 4715.1 Under basic ordering agreements (also known as task order contracts or term contracts), the contractor’s performance obligations are triggered when the Department subsequently issues task orders pursuant to the contract. 4715.2 Basic ordering…

4716 TIME-AND-MATERIALS CONTRACTS AND LABOR HOURS CONTRACTS 4716.1 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 charge…

4717 CONTRACTING PROCEDURES GENERALLY 4717.1 Every procurement by the Department shall be conducted in accordance with competitive contracting procedures, suitable to the specific procurement, that produce reasonable value and reasonable results. The following procurement methods…

4718 SOLE SOURCE PROCUREMENTS 4718.1 The Contracting Officer may award contracts on a sole-source basis only if the goods or services sought by the Department are available from only one (1) source. 4718.2 Prior to entering into a sole-source contract, the Contracting Officer sha…

4719 EMERGENCY PROCUREMENTS 4719.1 The Contracting Officer may award contracts through an emergency procurement: (a) When there is an imminent threat to the public, health, welfare, property or safety; or (b) To prevent or minimize serious disruption in agency operations. 4719.2 …

4720 SEALED BIDDING 4720.1 The solicitation used to initiate a procurement conducted by competitive sealed bidding is known as an Invitation for Bids (IFB). 4720.2 If the Department issues an IFB, the Department shall allow prospective bidders a reasonable time to prepare and sub…

4721 COMPETITIVE NEGOTIATION 4721.1 The solicitation used to initiate a procurement conducted by competitive negotiation or competitive sealed proposals is known as a Request for Proposals (RFP). 4721.2 If the Department issues an RFP, the Department shall establish a reasonable …

4722 SIMPLIFIED CONTRACTING PROCEDURES 4722.1 The basic purposes of simplified contracting procedures are to: (a) Promote economy, efficiency, and innovation in contracting; (b) Reduce administrative costs to the Department; and (c) Avoid unnecessary burdens or complexities that …

4723 SPECIAL PILOT PROCUREMENTS 4723.1 The Department may engage in special pilot procurements in accordance with Section 408 of the PPRA and this chapter. SOURCE: Notice of Emergency and Proposed Rulemaking published at 58 DC 8805 (October 14, 2011)[EXPIRED]; as amended by Notic…

4724 D.C. SUPPLY SCHEDULE; GENERAL SERVICES ADMINISTRATION SCHEDULE 4724.1 The Department may purchase goods and services but not construction or any other type of contract awarded on a cost reimbursement basis from the D.C. Supply Schedules or the General Services Administration…

4725 THE CONTRACTING OFFICER’S RESPONSIBILITY FOR CONTRACT ADMINISTRATION 4725.1 The Contracting Officer for a particular contract has overall responsibility for the contract’s administration. Among other things, this requires the Contracting Officer to: (a) Monitor whether goods…

4726 PAYMENT REQUESTS 4726.1 Requests for payment must be submitted in writing by the contractor. Payment shall not be authorized without a valid written contract. 4726.2 Contractor payment requests shall: (a) Certify that the contractor is entitled to payment in the requested am…

4727 EXERCISING CONTRACT OPTIONS 4727.1 The Contracting Officer may exercise a contract option upon determining that: (a) Funds are available and authorized for this purpose; (b) The goods or services covered by the option fulfill an existing need; and (c) Exercising the option i…

4728 CONTRACT MODIFICATIONS 4728.1 The Contracting Officer may modify a contract subject to the provisions of this section. 4728.2 A modification must be within the general scope of the original contract. Any requirement for extra work that goes beyond the contract’s general scop…

4729 CONTRACT TERMINATION 4729.1 All contracts awarded by the Department shall include “Termination for Default” and “Termination for Convenience” clauses specifically defining the Department’s termination rights. 4729.2 When exercising the Department’s rights under a termination…

4730 CONTRACT DOCUMENTATION 4730.1 The Contracting Officer is responsible for maintaining documentation regarding the contract and the procurement. 4730.2 The contract file shall include: (a) The solicitation and any amendments; (b) The contract and any modifications; (c) Any typ…

4731 TRANSFER OF CONTRACTS 4731.1 Procurements pending on October 1, 2011, and transferred to the Department on that date shall be completed, including the award of contracts pursuant thereto, in accordance with the procurement rules and regulations pursuant to which those procur…

4732 CLAIMS BY THE DISTRICT AGAINST CONTRACTORS 4732.1 All claims by the District government against a contractor arising under or relating to a contract shall be decided by the contracting officer. The contracting officer shall issue a written decision and furnish a copy of the …

4733 CLAIMS BY THE CONTRACTOR AGAINST THE DISTRICT 4733.1 All claims by a contractor against the District government arising under or relating to a contract shall be in writing and shall be submitted to the Contracting Officer for a decision. 4733.2 Within one hundred twenty (120…

4734 DISPUTES AND PROTESTS 4734.1 The District of Columbia Contract Appeals Board shall be the exclusive hearing tribunal for bid protests and disputes in connection with decisions by the contracting officer under sections 4732 and 4733. Claims shall be made in accordance with ti…

4735 TRANSPARENCY 4735.1 Within one (1) business day of issuance, the Contracting Officer shall transmit to the Chief Procurement Officer for posting on the Department’s website all solicitations and amendments or addenda thereto for contracts in excess of one hundred thousand do…