District of Columbia Administrative Code

311 LAND GRANT COLLEGE ACTIVITIES 311.1 The University shall take advantage of all provisions of legislation affecting its status and benefits as a land grant college.

312 OFF-CAMPUS CENTERS, FARMING OPERATIONS, AND EXTENSION WORK 312.1 Off-campus centers and extension work to be conducted by the University shall be governed by the appropriate requirements of the individual centers and programs, as approved by the Board. 312.2 The University sh…

315 HONORARY DEGREES 315.1 Honorary degrees may be awarded by the Board, in accordance with the provisions of this section. 315.2 Board action on honorary degrees shall be upon recommendation of the President. The President shall consult with the Faculty Senate before making a re…

3000 PURPOSE AND APPLICATION 3000.1 The University of the District of Columbia Procurement Rules (the “Rules”) issued by the Board of Trustees of the University of the District of Columbia (the “Board”) establish policies relating to the procurement, management, control and dispo…

3001 AUTHORITY AND RESPONSIBILITY OF THE OFFICE OF THE CHIEF CONTRACTING OFFICER 3001.1 The President shall exercise the procurement authority of the Board in accordance with these rules. The President shall appoint a Chief Contracting Officer (“CCO”). 3001.2 The CCO, under the s…

3002 PUBLICIZING CONTRACT ACTIONS 3002.1 The CCO shall issue a formal written solicitation for all proposed contracts with an estimated price over one hundred thousand dollars ($100,000). 3002.2 The CCO shall publicize the formal written solicitation referred to in Subsection 300…

3003 SOURCES OF SUPPLES AND SERVICES 3003.1 The University shall satisfy requirements for supplies, services and construction in accordance with these Rules from the source or sources which provide the best value to the University, including but not limited to the following sourc…

3004 INDEPENDENT COST ESTIMATE 3004.1 The University shall develop an independent cost estimate for all requirements for supplies, services and construction totaling in excess of one hundred thousand dollars ($100,000). 3004.2 The independent cost estimate shall be realistic base…

3005 ITEMS EXEMPT FROM COMPETITIVE PROCUREMENT 3005.1 The goods, services, supplies and materials enumerated in PPRA Section 413 shall be exempt from the competitive procurement requirements imposed by this chapter. 3005.2 In addition, the University may also procure the followin…

3006 SIMPLIFIED PROCUREMENT PROCEDURES 3006.1 The CCO has the authority to use the simplified procurement procedures set forth in this section for the procurement of supplies, services, books and equipment when the total amount of the procurement does not exceed one hundred thous…

3007 SIMPLIFIED PROCUREMENT PROCEDURES: MICRO PURCHASES 3007.1 A procurement for ten thousand dollars ($10,000) or less shall be considered a micro-purchase and may be made without obtaining competition if the contracting officer determines the price to be fair and reasonable. 30…

3008 SIMPLIFIED PROCUREMENT PROCEDURES: GROUP PURCHASING ORGANIZATIONS 3008.1 When beneficial to the University, the University shall participate in group purchasing organizations (GPOs). 3008.2 A procurement in the amount of one hundred thousand dollars ($100,000) or less may be…

3009 DETERMINATION OF PRICE REASONABLENESS AND AWARD 3009.1 The CCO shall determine that the price to be paid to the successful bidder is fair and reasonable for all simplified procurement transactions, not including group purchasing transactions. 3009.2 Generally, competition sh…

3010 BLANKET PURCHASE AGREEMENTS 3010.1 A Blanket Purchase Agreement (BPA) may be used as a simplified method of filling anticipated repetitive needs for supplies, services, books or other items by establishing charge accounts with suppliers. 3010.2 A BPA shall not exceed the sim…

3011 PURCHASE ORDERS 3011.1 Purchase orders shall be on a form approved by the CCO. 3011.2 Except as otherwise provided, the CCO shall issue each purchase order on a firm-fixed-price basis. 3011.3 Each purchase order shall include any trade and prompt payment discounts that are o…

3012 UNPRICED PURCHASE ORDERS 3012.1 The CCO shall issue an unpriced purchase order only under the following circumstances: When the transaction will not exceed the University’s simplified procurement limit; When it is impractical to obtain pricing in advance of issuance of the p…

3013 MODIFICATION OF PURCHASE ODERS 3013.1 A purchase order may be modified by using a form approved by the CCO. Each purchase order modification shall identify the order it modifies and shall contain an appropriate modification number. 3013.2 The CCO may obtain a contractor’s wr…

3014 TERMINATION AND CANCELLATION OF PURCHASE ORDERS 3014.1 If a purchase order is terminated or cancelled, the CCO shall notify the contractor in writing that the purchase order has been terminated or cancelled. 3014.2 If the contractor accepts the termination or cancellation an…

3015 SPECIFICATIONS, STATEMENTS OF WORK, PURCHASE DESCRIPTIONS 3015.1 The CCO shall provide specifications, statements of work or purchase descriptions in a manner designed to promote competition to the maximum extent possible. 3015.2 Specifications, statements of work or purchas…

3016 COMPETITIVE SEALED BIDDING 3016.1 The CCO has the discretion to determine which method of procurement to utilize in the purchase of supplies, services or construction. Competitive sealed bidding shall be the University’s preferred method of contracting when the following con…

3017 COMPETITIVE SEALED PROPOSALS 3017.1 If the CCO determines competitive sealed bidding is not appropriate, procurements shall be conducted utilizing the competitive sealed proposal (CSP) method. 3017.2 Each procurement by competitive sealed proposals shall be initiated by the …

3018 TECHNICAL EVALUATION OF PROPOSALS 3018.1 When the CCO determines that a proposals received in response to a solicitation require evaluation on technical aspects of the proposal, the CCO shall appoint a Technical Evaluation Panel (TEP) who shall be responsible for making a re…

3019 SOLE SOURCE PROCUREMENT 3019.1 The CCO shall take reasonable steps to avoid using sole source procurement except in circumstances when it is both necessary and in the best interest of the University. The CCO shall take action, whenever possible, to avoid the need to continue…

3020 EMERGENCY PROCUREMENTS 3020.1 The CCO may award a contract on an emergency basis if the requirement is essential to handle an existing or imminent emergency situation, including, but not limited to, any situation or condition which would threaten the health, safety, property…

3021 TYPES OF CONTRACTS 3021.1 The CCO shall utilize the type or types of contract described in this section for each method of procurement, unless a different type of contract is in the best interest of the University. 3021.2 When the competitive sealed bidding method of procure…

3022 FIXED-PRICE CONTRACTS 3022.1 Fixed-price contracts may provide for a firm price or, in appropriate circumstances, an adjustable price. 3022.2 The CCO shall use a fixed-price contract with economic price adjustment when it is necessary to protect the University and the contra…

3023 OTHER TYPES OF CONTRACTS 3023.1 When the CCO determines that a contract other than a fixed price or fixed price with economic adjustment should be used, the CCO shall justify such use in writing. When any other type of contract is used, the CCO shall take steps to minimize c…

3024 LOCAL, SMALL, DISADVANTAGED BUSINESS ENTERPRISE PROGRAM 3024.1 The CCO shall include in the University’s annual solicitations and contracts for procurements totaling two hundred fifty thousand dollars ($250,000) or more a mandatory thirty-five percent (35%) local, small, dis…

3025 RESERVED. SOURCE: Final Rulemaking published at 57 DCR 2630 (Mar. 2010). AUTHORITY: DC-DCMR District of Columbia Public Postsecondary Education Reorganization Act Amendments (Act), effective January 2, 1976 (D.C. Law 1-36; D.C. Official Code 38-1202.0l(a); 38-1202.06(13) (20…

3026 ESTIMATE OF CONSTRUCTION COSTS 3026.1 An estimate of construction costs shall be prepared by the University’s program staff for each proposed contract and for each proposed contract modification estimated to exceed twenty-five thousand dollars ($25,000). 3026.2 The estimate …

3027 NOTICE OF THE SCOPE OF CONSTRUCTION PROJECTS 3027.1 All pre-solicitation notices and each solicitation shall state the approximate scope of the construction requirement in terms of physical characteristics and estimated price. 3027.2 In no event shall the scope of a project …

3028 LIQUIDATED DAMAGES IN CONSTRUCTION CONTRACTS 3028.1 The CCO shall determine the need for liquidated damages in construction contracts. 3028.2 In construction contracts estimated to exceed twenty-five thousand dollars ($25,000), the CCO may include a liquidated damages clause…

3029 PRICING CONSTRUCTION CONTRACTS 3029.1 The CCO shall prefer the use of firm-fixed-price contracts to procure construction, unless the CCO determines that a different type of contract is in the best interest of the Univeristy. 3029.2 A contract may be priced on a lump-sum basi…

3030 CONSTRUCTION CONTRACTS WITH ARCHITECT-ENGINEER FIRMS 3030.1 Except as otherwise provided in this chapter, the CCO shall not award a contract for the construction of a project to the firm that designed the project or its subsidiaries or affiliates without the prior written ap…

3031 DESIGN-BUILD PROCEDURES 3031.1 If the CCO uses a design-build process, two-phase design-build selection procedures shall be utilized. 3031.2 The CCO shall only use the two-phase design-build selection procedures when three or more offers are anticipated. 3031.3 The CCO may u…

3032 INSPECTON AND SITE EXAMINATION 3032.1 The CCO shall make appropriate arrangements for prospective bidders to inspect the work site and to have the opportunity to examine data available to the University which may provide information concerning the performance of the work. Th…

3033 COMPETITIVE SEALED BIDS FOR CONSTRUCTION 3033.1 An IFB for construction shall allow a reasonable time for bidders to prepare and submit their bids, but in no event less than ten (10) days after the initial solicitation is issued and publicized. 3033.2 The CCO shall publicize…

3034 NOTICE OF INTENT TO AWARD 3034.1 Each notice of intent to award shall include the following: The identity of the IFB; The identity of the prospective contractor; The award price; A statement notifying the prospective contractor that all required performance and payment bonds…

3035 PRE-CONSTRUCTION CONFERENCE 3035.1 The CCO may conduct a pre-construction conference to inform the contractor about the labor standards requirements, permits, subcontracting and other relevant pre-construction matters deemed appropriate by the CCO. SOURCE: Final Rulemaking p…

3036 EVALUATION OF CONTRACTOR PERFORMANCE 3036.1 The CCO or designee shall evaluate contractor performance and prepare a performance report for each construction contract over one hundred thousand dollars ($100,000) in the following circumstances: When any element of performance …

3037 ARCHITECT-ENGINEER SERVICES 3037.1 The CCO shall publicize all requirements for architect-engineer services in accordance with Section 3002. 3037.2 The CCO shall negotiate contracts for these services based on demonstrated competence and qualifications of prospective contrac…

3038 ARCHITECT-ENGINEER QUALIFICATIONS 3038.1 To be considered for an architect-engineer contract, a firm shall file an appropriate architect-engineer qualification data form with the CCO. 3038.2 The CCO shall classify the qualification data files for each firm with respect to th…

3039 ARCHITECT-ENGINEER SELECTION 3039.1 The CCO, with the advice of the appropriate technical and staff representatives, will make the final selection. 3039.2 The final selection shall be a listing, in order of preference, of the firms considered most highly qualified to perform…

3040 COST ESTIMATE FOR ARCHITECT-ENGINEEER CONTRACTS 3040.1 An independent University estimate of the cost of architect-engineer services shall be prepared by or under the direction of the CCO before commencing negotiations for each proposed contract or contract modification esti…

3041 NEGOTIATIONS OF ARCHITECT-ENGINEER CONTRACTS 3041.1 The CCO shall first attempt to negotiate a contract with the highest rated qualified firm for the required services at a price which the CCO determines in writing to be fair and reasonable to the University. 3041.2 The CCO …

3042 RELEASE OF INFORMATION 3042.1 After final selection has taken place under the CCO may release information identifying the highest rated architect-engineer firm with which a contract will be negotiated. 3042.2 If negotiations are terminated without awarding a contract to the …

3043 LIABILITY FOR DESIGN ERRORS OR DEFICIENCIES 3043.1 The architect-engineer firm shall be responsible for the professional quality, technical accuracy, and coordination of all services required under its contract. The firm shall be liable to the University for costs resulting …

3044 DESIGN WITHIN FUNDING LIMITATION 3044.1 The University may require the architect-engineer contractor to design the project so that construction will not exceed a contractually specified dollar limit. The amount of the construction funding shall be established during negotiat…