District of Columbia Administrative Code

4736 BONDS AND OTHER FORMS OF SECURITY 4736.1 For all construction contracts estimated to exceed one hundred thousand dollars ($100,000), the CCO shall require bid security in the form of a bond, cash or other acceptable form of bid security outlined in the solicitation document.…

4737 COLLUSION 4737.1 A person who enters into a contract with the District after engaging in collusion with another person for the purpose of defrauding the District shall be liable for damages equal to three (3) times the value of the loss to the District attributable to the co…

4738 CONTINGENT FEES 4738.1 A contractor shall not offer to pay any fee or other consideration that is contingent on the making of a contract. 4738.2 Every contract shall contain the following prohibition against contingent fees: The contractor warrants that no person or selling …

4739 CONFIDENTIALITY 4739.1 The Contracting Officer shall review information which a person designates as confidential or proprietary and which is submitted in response to an IFB or RFB. 4739.2 If the Contracting Officer determines that the designation is proper, the information …

4740 RIGHT TO AUDIT RECORDS; RIGHT TO INSPECT 4740.1 The Director may, at reasonable times and places, audit the books and records of any person who has submitted data to substantiate offered prices pursuant to section 4741 of these rules to the extent that the books and records …

4741 REASONABLE PRICES 4741.1 A contracting officer may request factual information reasonably available to the contractor or prospective contractor to substantiate that the price or cost offered, or some portion of it, is reasonable. 4741.2 In determining the reasonableness of p…

4742 SOVEREIGN IMMUNITY; PUNITIVE DAMAGES; INTEREST 4742.1 Unless otherwise specifically provided by law of the District, the District government and every officer, department, agency, or other unit of the District government shall not raise the defense of sovereign immunity in t…

4743 GREEN PROCUREMENT 4743.1 Except for contracts entered into pursuant to sections 4719 and 4722, the Department shall incorporate green procurement practices. 4743.2 Except as set forth in Subsection 4743.3, in solicitations and contracts for design services, the Department sh…

4800 GENERAL PROVISIONS 4800.1 This chapter implements the provisions of the Public-Private Partnerships Act of 2014, effective March 11, 2015 (D.C. Law 20-228; D.C. Official Code §§ 2-271.01 et seq.) (P3 Act). 4800.2 This chapter outlines the process for the development, solicit…

4801 SOLICITED PROCUREMENTS: REQUESTS FOR INFORMATION 4801.1 Generally: The DC OP3 may issue a Request for Information (RFI) at the beginning of the P3 procurement process to obtain information and insight from the private sector regarding a potential P3 project. 4801.2 Publicati…

4802 SOLICITED PROCUREMENTS: REQUESTS FOR QUALIFICATION 4802.1 Generally: The DC OP3 may issue a request for qualifications (RFQ). The RFQ provides for a process of qualification for private sector proposers to submit qualifications for a solicited project. The RFQ, if issued, wi…

4803 SOLICITED PROCUREMENTS: REVIEW OF DRAFT REQUEST FOR PROPOSALS 4803.1 Generally: The final step in the solicitation phase is the issuance of a Request for Proposals (RFP). Before issuing an RFP, the DC OP3 will develop a draft RFP for public comment. In addition, by law the d…

4804 SOLICITED PROCUREMENTS: SOLICITATION THROUGH REQUEST FOR PROPOSALS 4804.1 Generally: After the RFP has been approved by the Council, the DC OP3 will formally issue the RFP to solicit proposals from the qualified bidders. 4804.2 Public Notice: Each RFP will be posted on the D…

4805 UNSOLICITED PROCUREMENTS: SUBMISSION REQUIREMENTS 4805.1 The DC OP3 may accept unsolicited proposals for P3s. 4805.2 Time Periods for Acceptance of Unsolicited Proposals: The DC OP3 will accept unsolicited proposals during limited time periods to ensure that the proposals ca…

4806 UNSOLICITED PROPOSALS: PRELIMINARY EVALUATION 4806.1 Preliminary Evaluation of Unsolicited Proposals: An unsolicited proposal will be screened in a three-step process that includes a review to confirm that baseline requirements are met, a preliminary evaluation, and a compre…

4807 UNSOLICITED PROPOSALS: REQUEST FOR ALTERNATIVE PROPOSALS AND COMPREHENSIVE EVALUATION 4807.1 Comprehensive Evaluation of Unsolicited Proposal: If the result of the preliminary evaluation is favorable, the unsolicited proposal will enter the comprehensive evaluation phase. 48…

4808 PUBLIC-PRIVATE PARTNERSHIP AGREEMENTS 4808.1 Generally: If the DC OP3 selects a Preferred Bidder through either a solicited or unsolicited procurement process, the Owner Agency will negotiate with the preferred proposer to enter into a P3 agreement as the Owner Agency will b…

4809 FINAL APPROVAL OF THE PUBLIC-PRIVATE PARTNERSHIP AGREEMENT 4809.1 Generally: Before executing a P3 agreement, the DC OP3 must submit a report to the Council and provide public notice of the report. In addition, the agreement itself must be submitted to the Council for its re…

4810 RESERVED RIGHTS 4810.1 The DC OP3 reserves the following rights as allowed by law: To reject any and all proposals, at any stage of the procurement process and under either the solicited or unsolicited procurement processes for any reason at any time; To terminate the review…

4811 DISCLAIMERS 4811.1 Neither the District of Columbia government, nor any agency, officer, employee, or agent of the District of Columbia government, shall be liable for, or reimburse, the costs that may be incurred by solicited, unsolicited or alternative proposers, whether s…

4812 RULES TO ENSURE ETHICAL CONDUCT 4812.1 Generally: The DC OP3 is committed to ensuring that all procurements for P3 projects are conducted in a fair, competitive, and ethical manner without actual or apparent conflicts of interest. 4812.2 Ethical Duty: All parties responsible…

4813 ALTERNATIVE TECHNICAL CONCEPTS 4813.1 The District in its sole discretion may allow proposers to propose one or more alternative technical concepts in response to an RFP or RFAP. 4813.2 The allowance of alternative technical concepts and the full details of the content, subm…

4899 DEFINITIONS 4899.1 For the purposes of these rules, the term: “Alternative proposer” means a proposer responding to the request for alternative proposals under the unsolicited proposal procurement method. (a-1) “Alternative technical concept” means a proposed technical, fina…

500 GENERAL PROVISIONS 500.1 A private entity that provides services as a covered child or youth services provider, as defined in section 202(3) of the Child and Youth, Safety and Health Omnibus Amendment Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code …

501 NOTICE TO PRIVATE ENTITY 501.1 Each solicitation and contract subject to the Act, shall: (a) Identify the positions that will require a criminal background check and/or a traffic record check; (b) Contain a clause requiring the private entity to inform all applicants requirin…

502 RESPONSIBILITIES OF PRIVATE ENTITY 502.1 Before any applicant for employment with a private entity, in either an employee or an unsupervised volunteer position, may be offered a position, the private entity shall inform the applicant that a criminal background check must be c…

503 ASSESSMENT OF INFORMATION FROM CRIMINAL BACKGROUND AND TRAFFIC RECORDS CHECKS 503.1 The COTR for the contract shall be solely responsible for assessing the information obtained from each criminal background check report to determine whether a final offer may be made to each a…

504 ACTION AGAINST CONTRACTOR 504.1 The contracting officer may take action, in accordance with the "Default" provision of the contract, against any private entity who is found to have violated the provisions of this chapter. SOURCE: Final Rulemaking published at 56 DCR 3490 (May…

505 CONFIDENTIALITY 505.1 Criminal background check reports obtained under this section shall be confidential and are for the exclusive use of making employment-related determinations under this chapter. Private entities shall not release or otherwise disclose the reports to any …

506 PENALTY FOR PROVIDING FALSE INFORMATION 506.1 An applicant for employment or a volunteer position with a private entity who provides false information in the course of applying for the position shall be subject to prosecution pursuant to section 404 of the District of Columbi…

507 RIGHT TO APPEAL CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE'S DECISION 507.1 If a COTR denies an application, the COTR shall notify the contracting officer who shall advise the private entity to notify the applicant of such determination. The private entity shall inform th…

599 DEFINITIONS 599.1 When used in this chapter, the following terms have the meaning ascribed: Act - Child and Youth, Safety and Health Omnibus Amendment Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code § 4-1501.01 et seq.)(2006 Supp.), as amended by Ti…

5001 GENERAL 5001.1 This chapter sets forth the procurement rules of the Office of the Attorney General (OAG), pursuant to authority granted by Section 108b of the Attorney General for the District of Columbia Clarification and Elected Term Amendment Act of 2010, effective Octobe…

5002 COMPLIANCE WITH PROCUREMENT ACT AND REGULATIONS 5002.1 Except as otherwise provided in the PPRA, the Act, or this chapter, a contract which is entered into in violation of the PPRA, the Act, or this chapter is void. 5002.2 Notwithstanding the provisions of §5002.1, a contrac…

5003 PROHIBITED CONTINGENT FEES 5003.1 The Contracting Officer shall ensure that each solicitation, other than those for small purchases, contains language approved by the Attorney General giving notice to prospective contractors of the prohibition against contingent fee arrangem…

5004 MULTIYEAR CONTRACTS 5004.1 Unless prohibited by an appropriations act, a Contracting Officer may enter into a multiyear contract to obtain goods and services for any period of time deemed to be in the best interest of the District; provided that the term of the contract and …

5005 CANCELLATION OF MULTIYEAR CONTRACTS 5005.1 Except for contracts awarded pursuant to §5001.7, at the end of each fiscal year a multiyear contract shall be canceled if sufficient budget authority is not available to fund the contract during a subsequent fiscal year. 5005.2 Exc…

5006 MULTIYEAR CONTRACT SOLICITATIONS 5006.1 A solicitation for a multiyear contract shall include: (a) The amount of supplies or services required or the proposed contract period; (b) A unit price for each supply or service, which unit prices shall be the same throughout the con…

5007 APPLICABILITY 5007.1 These rules apply to the procurement of goods or services, including construction services, by and for OAG: (a) Whether through purchase or lease; and (b) Whether the goods or services are already in existence or must be developed. 5007.2 This chapter do…

5008 CHIEF CONTRACTING OFFICER 5008.1 The Attorney General shall serve as OAG’s Chief Contracting Officer (CCO). The CCO shall have plenary contracting authority and have responsibility for supervising OAG’s procurement activities. The CCO shall prescribe the standard contract fo…

5009 DELEGATION OF AUTHORITY TO CONTRACTING OFFICERS 5009.1 The Attorney General may delegate contracting authority to any qualified OAG employee (CCO Delegate or Contracting Officer). 5009.2 Each delegation of contracting authority under the Act shall be in writing and shall inc…

5010 AUTHORITY AND DUTIES OF CONTRACTING OFFICERS 5010.1 The Contracting Officer shall be authorized to enter into, administer, and terminate contracts. However, the Contracting Officer may bind the District only to the extent of the contracting authority set forth in his or her …

5011 CONDUCT OF CONTRACTING OFFICERS 5011.1 The procurement business of OAG shall be conducted in a manner above reproach and, except as authorized by law, with complete impartiality and with preferential treatment for none. 5011.2 The Attorney General shall ensure that each Cont…

5012 CONTRACTOR QUALIFICATION REQUIREMENTS 5012.1 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. 5012.2 The issues of responsibility and conflict…

5013 CONTRACTOR RESPONSIBILITY 5013.1 To receive a contract from OAG, a contractor must be responsible. To be considered responsible, a prospective contractor must meet standards set forth in D.C. Code §2–353.01. 5013.2 For all contracts that exceed one hundred thousand dollars (…

5014 PRICE REASONABLENESS 5014.1 The contracting officer shall determine whether a price is fair and reasonable for each contract. SOURCE: Final Rulemaking published at 65 DCR 4406 (April 20, 2018); as amended by Final Rulemaking published at 68 DCR 011740 (November 5, 2021). Dis…

5015 ORGANIZATIONAL CONFLICTS OF INTEREST; DISQUALIFICATION OF A CONTRACTOR 5015.1 OAG 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…

5016 PROCUREMENT PLANNING 5016.1 OAG shall perform procurement planning and conduct market research to promote and provide for full and open competition with due regard to the nature of the goods and services to be acquired. 5016.2 When full and open competition is not required b…

5017 MARKET RESEARCH 5017.1 Before issuing a solicitation or making a purchase, OAG shall: (a) Estimate the likely cost of the proposed procurement and assure that adequate funds are available; and (b) Conduct appropriate market research and establish minimum needs. 5017.2 Market…

5018 PREPARING SOLICITATIONS 5018.1 Based on information obtained through market research, the Contracting Officer shall make a determination as to which procurement method identified in these regulations is most beneficial to OAG. The Contracting Officer will ordinarily prepare …