District of Columbia Administrative Code

3045 REDESIGN RESPONSIBILITY FOR DESIGN ERRORS OR DEFICIENCIES 3045.1 The architect-engineer firm shall make necessary corrections at no cost to the University if the designs, drawings, specifications, or other items or services furnished by the firm contain any errors, deficienc…

3046 ARCHITECT-ENGINEER PERFORMANCE EVALUATION 3046.1 The CCO shall prepare an architect-engineer performance evaluation report for contracts of more than twenty-five thousand dollars ($25,000) and may prepare a report for contracts less than twenty-five thousand dollars ($25,000…

3047 CONTRACTING FOR SERVICES 3047.1 The University may obtain services from professional, non-professional, expert and consulting personnel on an individual or organizational basis when such services would be in the best interest of the University. 3047.2 The contracting officer…

3048 BONDS, INSURANCE AND OTHE FINANCIAL PROTECTIONS 3048.1 The CCO has the discretion to require any types of security specified in this section for any solicitation or contract including the following: Bid bonds or proposal bonds; Performance or payment bonds for construction; …

3049 BID BONDS, PROPOSAL BONDS, AND OTHER SECURITY 3049.1 The CCO may require bid bonds, proposal bonds, and other security in connection with any solicitation, regardless of whether any payment or performance security will be required under the contract. 3049.2 When the Universi…

3050 NONCOMPLIANCE WITH BID OR PROPOSAL SECURITY REQUIREMENTS 3050.1 If a bid or proposal fails to comply with the Security Bond requirements outlined in the solicitation, the CCO shall reject the bid or proposal. However, the CCO may accept the bid or proposal if the CCO determi…

3051 PERFORMANCE AND PAYMENT SECURITY 3051.1 The CCO shall require a contractor to furnish performance and payment bonds or other security on any construction contract when the University’s independent cost estimate exceeds one hundred thousand dollars ($100,000). Performance or …

3052 INSURANCE 3052.1 When appropriate, the CCO shall require each contractor to obtain insurance for the risks to which the contractor and the University are exposed, except when the contract specifically relieves the contractor of liability for loss of damage to University prop…

3053 OPTIONS 3053.1 The CCO may include options in solicitations and contracts when it is in the University’s interests. 3053.2 The CCO shall ensure that the contracts with options specify the following, unless not appropriate to the needs of the University: (a) The contract shal…

3054 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…

3055 SUBCONTRACTING 3055.1 The CCO may require his or her consent for the contractor to subcontract when the CCO determines that it would be in the best interest of the University. 3055.2 The requirement for consent to subcontract shall also apply to teaming arrangements and join…

3056 USE OF DISCRETIONARY FUNDING 3056.1 Monetary gifts, endowments, charitable donations and bequests made to the University from individual or corporate sources shall constitute discretionary funding and shall not be subject to the requirements of these regulations. 3056.2 The …

3057 CONTRACTOR RESPONSIBILITY 3057.1 The CCO shall ensure that purchases are made from and contracts awarded to responsible contractors only. 3057.2 To be determined responsible, a contractor must, to the satisfaction of the CCO: Have adequate financial resources to perform the …

3058 CONTRACT ADMINISTRATION 3058.1 The CCO may delegate contract administration functions to a Contracting Officer’s Technical Representetive (COTR) who shall be appointed for each contract. The COTR shall be responsible for ensuring that materials, goods, and services are deliv…

3059 NOVATION AND CHANGE-OF-NAME AGREEMENTS 3059.1 The University may, when it is in its interest, recognize a third party as a successor in interest to a University contract when the third party’s interest results from the transfer of: All of the contractor’s assets; or The enti…

3060 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…

3061 CONTRACT TERMINATION 3061.1 The CCO shall terminate contracts for default or convenience only by written notice to the contractor. The CCO shall have the discretion to determine the manner in which the written termination notice is sent to the contractor. 3061.2 The CCO may …

3062 CONTRACT MODIFICATIONS 3062.1 Only the CCO or other University contracting officer acting within the scope of their authority shall have the authority to modify University contracts. 3062.2 The CCO or other University contracting officer shall have the authority to issue onl…

3063 CONTRACTS REVIEW COMMITTEE 3063.1 The Contracts Review Committee shall consider protests, disputes, appeals, debarment and suspension decisions made by the CCO. 3063.2 The President shall appoint the Chairperson of the Committee. Decisions shall be made by a simple majority …

3064 DEBARMENT, SUSPENSION AND INELIGIBILITY PROCEDURES 3064.1 Debarment and suspension shall be imposed on University contractors only when it is in the best interest of the University and not for punitive purposes and only for the causes set forth in this Section. 3064.2 The CC…

3065 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…

3066 PROTESTS 3066.1 All protests by interested parties shall be filed in writing and submitted to the CCO. For protest purposes, an “interested party” means an actual or prospective bidder or offeror whose direct economic interest would be affected by the award of a contract or …

3067 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…

3068 DISPUTES AND CLAIMS 3068.1 The University shall attempt to resolve all disputes arising under or relating to contracts by mutual agreement informal discussions between the contractor and CCO. 3068.2 The CCO is encouraged to use Alternative Dispute Resolution (ADR) procedures…

3069 ALTERNATIVE DISPUTE RESOLUTION 3069.1 The CCO may use Alternative Dispute Resolution (ADR) procedures to increase the opportunity for inexpensive and expeditious resolution of issues that are in dispute. 3069.2 The elements of ADR shall include: Existence of an issue in disp…

3070 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…

3071 STANDARD CLAUSES, PROVISIONS AND PROCUREMENT MANUAL 3071.1 The CCO shall develop standard provisions and clauses for all University solicitations and contracts as appropriate to the solicitation and contract under the circumstances, and as required by these Rules. SOURCE: Fi…

3099 DEFINITIONS When used in this Chapter, the following words and terms shall have the meanings ascribed: Best and Final Offer (BAFO) - An offeror’s final proposal revision containing its best technical and price/cost offer as revised following negotiation of the offeror’s orig…