District of Columbia Administrative Code

5019 PUBLICIZING PROCUREMENT OPPORTUNITIES 5019.1 The Attorney General shall maintain an OAG website that provides the public with notice of opportunities to participate in OAG’s procurement process, and other relevant information about OAG procurements. 5019.2 The Contracting Of…

5020 INVITATION FOR BIDS 5020.1 An Invitation for Bids (IFB) shall be advertised for at least fourteen (14) days before the date set for the receipt of bids, unless the Attorney General determines in writing that it is appropriate to shorten the notice period to not less than thr…

5021 REQUESTS FOR PROPOSALS 5021.1 A Request for Proposals (RFP) shall be advertised for at least twenty-one (21) days before the date set for the receipt of proposals, unless the Attorney General determines in writing that it is appropriate to shorten the notice period to not le…

5022 NOTICE OF INTENT TO AWARD A SOLE SOURCE CONTRACT 5022.1 Regardless of dollar value, and unless the sole source contract is an emergency procurement, a notice of intent to award a sole source contract pursuant to § 5032 shall be published on the OAG website for at least ten (…

5023 NOTICE OF CONTRACT AWARDS AND CONTRACT MODIFICATIONS OVER ONE HUNDRED THOUSAND DOLLARS ($100,000) 5023.1 Contract awards or contract modifications in an actual or estimated amount over one hundred thousand dollars ($100,000) shall be published on the OAG website within seven…

5024 NOTICE OF EMERGENCY PROCUREMENTS 5024.1 Notice of emergency procurement awards, regardless of dollar amount, shall be published on the OAG website within seven (7) days of award. The notice shall include: (a) The determination and findings justifying the emergency procuremen…

5025 CONTRACT TYPES 5025.1 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…

5026 FIXED-PRICE CONTRACTS 5026.1 Fixed price contracts include several variants: (a) Firm fixed price; (b) Fixed price with economic price adjustment; (c) Fixed price incentive; (d) Fixed unit price; and (e) Fixed price plus award fee. 5026.2 Unlike cost reimbursement contracts,…

5027 COST REIMBURSEMENT CONTRACTS 5027.1 Cost-reimbursement contracts provide for payment of incurred costs to the extent prescribed in the contract. A cost-reimbursement contracts must include a total cost ceiling (not-to-exceed amount), which the contractor may not exceed excep…

5028 SPECIAL METHODS OF CONTRACTING 5028.1 Notwithstanding any other provision of this chapter, a Contracting Officer may procure goods and services using special methods of procurement, if the Contracting Officer determines that it is in OAG’s best interest. As part of the procu…

5029 TERM CONTRACTS 5029.1 Under term contracts, the contractor’s delivery and performance obligations are triggered when the Contracting Officer subsequently issues orders pursuant to the contract. 5029.2 Term Contracts include: (a) Requirements contracts; and (b) Indefinite qua…

5030 TIME AND MATERIALS CONTRACTS AND LABOR HOURS CONTRACTS 5030.1 Time-and-materials contracts provide for acquiring supplies or services on the basis of: (a) Direct labor hours charged at loaded fixed hourly rates, which include overhead, general and administrative expenses, an…

5031 CONTRACTING PROCEDURES GENERALLY 5031.1 In general, every procurement by OAG should be conducted in accordance with competitive contracting procedures, suitable to the specific procurement, that produce reasonable value and reasonable results. 5031.2 The contracting procedur…

5032 SOLE SOURCE CONTRACTS 5032.1 Procurement contracts may be awarded through noncompetitive negotiations when the Contracting Officer determines in writing that there is only one source for the required commodity, service, construction, or litigation experts. 5032.2 If the Cont…

5033 EMERGENCY PROCUREMENTS 5033.1 The Contracting Officer may award a contract on an emergency basis when there is an imminent threat to the public health, welfare, property, or safety, or to prevent or minimize serious disruption in District services. 5033.2 The Contracting Off…

5034 COMPETITIVE SEALED BIDS 5034.1 The solicitation used to initiate a procurement conducted by sealed bidding is known as an Invitation for Bids (IFB). 5034.2 The evaluation factors used in sealed bid procurements are limited to price and price-related factors (including price …

5035 COMPETITIVE SEALED PROPOSALS 5035.1 A contract may be awarded using the competitive sealed proposal method when the Contracting Officer determines that the use of competitive sealed bidding is not practicable or not advantageous to the District. The solicitation used to init…

5036 SMALL PURCHASE PROCEDURES 5036.1 Small purchase procedures may be used only with contracts that have an estimated value equal to or less than one hundred thousand dollars ($100,000) for the base year and for each option year. 5036.2 Requirements procured under this section s…

5037 COMPETITION EXEMPTIONS 5037.1 The procurements that are exempt from competition pursuant to Section 413 of the PPRA (D.C. Code §2-354.13) are not subject to the competition requirements of the Act or to the SCBEDA Act, as amended. 5037.2 The exemption from competition when p…

5038 BLANKET PURCHASE AGREEMENTS 5038.1 A blanket purchase agreement (BPA) is not a contract and is established without a purchase requisition or the obligation of funds. 5038.2 The Contracting Officer may use a BPA as a simplified contracting procedure to fill anticipated repeti…

5039 DISTRICT OF COLUMBIA SUPPLY SCHEDULES 5039.1 The Contracting Officer shall award contracts of $250,000 or less to a qualified Small Business Enterprise (SBE), as that term is defined in the SCBEDA Act,, on the District of Columbia Supply Schedule (DCSS). 5039.2 If the Contra…

5040 MANDATORY SET-ASIDES 5040.1 If, after concluding there are no qualified SBEs or CBEs on the DCSS, the Contracting Officer shall seek to award contracts of $250,000 or less to a qualified SBE in accordance with this Section. 5040.2 If the Contracting Officer determines in wri…

5041 FEDERAL SCHEDULES 5041.1 The Contracting Officer may utilize federal schedules that offer supplies and services to the District following the applicable schedule procedures. 5041.2 Except as otherwise provided in a federal schedule, all schedule contract terms and conditions…

5042 CONTRACT ADMINISTRATION 5042.1 The Contracting Officer shall designate a Contract Administrator whose primary duty will be to monitor the contractor's performance to ensure that all of the technical requirements under the contract are met by the delivery date or within the p…

5043 PAYMENT REQUESTS 5043.1 Contractors shall create and submit payment requests in an electronic format through the DC Vendor Portal, https://vendorportal.dc.gov. 5043.2 Contractor payment requests shall include or attach any information necessary to demonstrate entitlement to …

5044 EXERCISING OF OPTIONS 5044.1 To exercise an option over one hundred thousand dollars ($100,000) the Contracting Officer must first obtain the approval of the CCO. 5044.2 In addition to the approval of the CCO (if applicable), prior to exercising any option, the Contracting O…

5045 CONTRACT MODIFICATIONS 5045.1 The Contracting Officer may modify a contract subject to the provisions of this section. 5045.2 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…

5046 CONTRACT TERMINATION 5046.1 All contracts awarded by the Contracting Officer shall include “Termination for Default” and “Termination for Convenience” clauses specifically defining OAG’s termination rights. 5046.2 When exercising OAG’s rights under a termination clause in th…

5047 CONTRACT DOCUMENTATION 5047.1 The Contracting Officer is responsible for maintaining documentation regarding the contract and the procurement. 5047.2 The contract file, which may be entirely electronic, shall include: (a) The solicitation and any amendments; (b) The contract…

5048 TRANSFER OF CONTRACTS 5048.1 Contracts or pending procurements related to OAG may be transferred by OAG to any agency or instrumentality of the District in accordance with the provisions of this section. 5048.2 The CCO shall review the proposed procurement or contract and de…

5049 DISPUTES 5049.1 Each contract entered into by the Contracting Officer shall include a disputes clause that sets forth the procedures by which disputes shall be resolved. SOURCE: Final Rulemaking published at 65 DCR 4406 (April 20, 2018); as amended by Final Rulemaking publis…

5050 PROTESTS 5050.1 All protests to a solicitation or to the award of a contract shall be resolved by the Contracting Officer in accordance with Code §§100 – 400 of this Title 27 District of Columbia Municipal Regulations. SOURCE: Final Rulemaking published at 65 DCR 4406 (April…

5051 REQUESTS FOR RECORDS 5051.1 A request for a record of OAG shall be made to OAG’s designated Freedom of Information Officer. 5051.2 OAG’s response to a request for a record shall be made in accordance with the provisions of the D.C. Freedom of Information Act (Title II of the…

5052 PRIVACY AND DISCLOSURE 5052.1 The Contracting Officer shall include in every solicitation and contract the following provisions: (a) If a contractor collects, retains, or has in its possession any document, record, or other information obtained in the performance of a Distri…

5053 APPLICABLE LAWS 5053.1 To the extent applicable, OAG 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 Act, ap…

5054 CONTINGENCY FEE CONTRACTS 5054.1 OAG may enter into a contingency fee contract with private counsel when: (a) There is a substantial need for the legal services; (b) The legal services cannot be adequately performed by the attorneys and supporting personnel of the agency; an…

5099 DEFINITIONS 5099 .1 When used in this chapter, the following terms have the meanings ascribed: Accepted or 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 identified …

5100 AUTHORITY FOR INFLATION ADJUSTMENT 5100.1 Pursuant to Section 822 of the District of Columbia Procurement Practices Act of 1985 (Act), effective February 21, 1986 (D.C. Law 6-85; D.C. Official Code § 2-381.10), the Attorney General for the District of Columbia (OAG) is autho…

5101 INFLATION ADJUSTED CIVIL FALSE CLAIMS PENALTIES 5101.1 By operation of law and the application of procedures described in Section 822 of the Act, after January 1, 2019, for each false claim or fraudulent claim described in the Act the amount of the civil penalty a person is …

600 GENERAL PROVISIONS 600.1 The Department of Small and Local Business Development shall establish and implement programs to encourage and increase the participation of local minority business enterprises in contract procurement by the government of the District of Columbia and …

601 GENERAL PROGRAM POLICY 601.1 The Commission shall implement a sheltered market program in accordance with the provisions of the Act and chapters 6 and 7 of this title. 601.2 While it is the general policy of the Commission to encourage minority participation in contracting th…

602 SHELTERED MARKET PROGRAM: GOALS AND ESTABLISHMENT 602.1 Each agency of the District government shall be required to establish an annual program for minority procurement in accordance with the provisions of the Act and chapters 6 and 7 of this title. 602.2 Agency programs esta…

603 COMMISSION REVIEW AND APPROVAL OF PROGRAMS 603.1 The Commission shall review each agency's proposed program. As part of its review, the Commission may hold discussions with agency staff and make recommendations for modifications in the agency's proposed program. 603.2 After r…

604 SHELTERED MARKET PROGRAM IMPLEMENTATION 604.1 The Commission shall establish and maintain a centralized list of certified contractors. The central list shall be used by agencies to identify contracts or classes of contracts for placement in the sheltered market. Appropriate c…

605 SHELTERED MARKET CONTRACTS: PRIORITY CONSIDERATIONS 605.1 In accordance with §2(c) of D.C. Law 4-167, effective March 9, 1983, bids and proposals of certified minority business enterprises and joint ventures shall be evaluated so as to give preference to certain minority busi…

606 SHELTERED MARKET SUBCONTRACTS 606.1 When an agency's sheltered market program includes placement of subcontracts in the sheltered market by one (1) or more of its prime contractors, those indirect placements shall be made in accordance with the provisions of this section. 606…

607 COMMISSION OVERSIGHT OF PROGRAM IMPLEMENTATION 607.1 If the Commission determines that an agency's proposed sheltered market program is unsatisfactory or that an agency is not fulfilling its commitment under an approved program, the Commission may make specific recommendation…

608 BONDING 608.1 The Commission shall consider any certified MBE's request for bond waiver on any District of Columbia contract reserved exclusively for the sheltered market as defined in D.C. Code §1-1142(7) (1981). 608.2 A certified MBE requesting a bond waiver shall submit an…

699 DEFINITIONS 699.1 The definitions of the terms "minority," "minority business enterprise," "local business enterprise," "joint venture," "agency," and "sheltered market," set forth in sec. 3 of the Act are applicable to these rules and incorporated herein by reference. 699.2 …

700 CERTIFICATION POLICY 700.1 The Commission shall certify bona fide local minority business enterprises which meet the requirements of the Act and this chapter for participation in the various programs of the District of Columbia operated under the auspices of the Commission fo…