D.C. Mun. Regs. tit. 19, r. 19-4362

Current through Register Vol. 71, No. 37, September 13, 2024

Rule 19-4362 - OPTIONS

4362.1

The CCO may include options in solicitations and contracts when it is in the Library's interests.

4362.2

The CCO shall not utilize options in solicitations and contracts if the following exists:

(a) The contractor will incur undue risks;

(b) Market prices for the supplies or services involved are likely to change substantially; or

(c) The option represents known firm requirements for which funds are available unless competition for the option is impracticable once the initial contract is awarded.

4362.3

The CCO shall include option provisions and clauses in solicitations when resulting contracts will provide for the exercise of options

4362.4

The CCO shall state the basis of evaluation in solicitations, either exclusive or inclusive of options.

4362.5

The CCO shall ensure that the contracts with options specify the following:

(a) Limits on the purchase of additional supplies or services, or the overall duration of the term of the contract, including any extension; and

(b) The period within which the option may be exercised. The period shall be set so as to provide the contractor with adequate lead time to ensure continuous production.

4362.6

Library contracts for the basic and option periods shall not exceed five (5) years in the case of services, and the total of the basic and option quantities shall not exceed the requirement for five (5) years in the case of supplies. However, statutes applicable to various contracts (such as the Service Contract Act, 41 U.S.C., (1965)), may place additional restrictions on the length of such contracts.

4362.7

The CCO shall express options for increased quantities of supplies or services in terms of the following:

(a) Percentage of specific line items; or

(b) Increase in specific line items.

D.C. Mun. Regs. tit. 19, r. 19-4362

Final Rulemaking published at 55 DCR 493 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2712, 2713 (April 6, 2012)

The Notice of Final Rulemaking published at 55 DCR 493 (January 18, 2008) inadvertently misnumbered 19 DCMR 4362.5 throught 19 DCMR 4362.7 as 19 DCMR 4362.9 through 19 DCMR 4362.11. The Notice of Final Rulemaking published at 59 DCR 1272 (April 6, 2012) amends 19 DCMR 4362.5 through 4362.7 which coincides with the language in the previous rulemaking, and therefore, is reflected in this codification.

Authority: The Board of Library Trustees (Board) through D.C. Official Code § 39-105 (2011 Supp.) designated the Chief Librarian to establish rules and manage the day-to-day operations of the library. The Board, pursuant to the authority set forth in An Act To establish and provide for the maintenance of a free public library and reading room in the District of Columbia, approved June 3, 1896, 29 Stat. 244, ch. 315, § 5; April 1, 1926, 44 Stat. 230, ch. 98, § 5; Mar. 3, 1979 (D.C. Law 2-139, § 3205(jjj); 25 DCR 5740); Sept. 5, 1985 (D.C. Law 6 17, § 2; 32 DCR 3582); Apr. 12, 1997 (D.C. Law 11-259, § 316; 44 DCR 1423); Oct. 21, 1998 (112 Stat. 2681 146, Pub. L. 105 277, § 156 (codified at D.C. Official Code § 39-105); 27 DCRR § 2.1, 24 DCR 11011, 11014 (June 30, 1978); as amended by Final Rulemaking published at 38 DCR 1011 (February 8, 1991).