D.C. Mun. Regs. tit. 27, r. 27-2200

Current through Register Vol. 71, No. 38, September 20, 2024

Rule 27-2200 - RESPONSIBLE PROSPECTIVE CONTRACTORS

2200.1

The contracting officer shall make purchases from and award contracts to responsible contractorsonly.

2200.2

For all contracts that exceed one hundred thousand dollars ($100,000), the contracting officer shall not make a purchase or an award unless the contracting officer has determined in writing that the prospective contractor is responsible in accordance with the provisions of this chapter.

2200.3

In the absence of information clearly indicating that the prospective contractor is responsible, the contracting officer shall make a determination of non-responsibility.

2200.4

To be determined responsible, a prospective contractor shall meet all of the following requirements:

(a) Financial resources adequate to perform the contract or the ability to obtain those resources;

(b) Ability to comply with the required or proposed delivery or performance schedule, taking into consideration all of its existing commercial and government contract commitments;

(c) A satisfactory performance record;

(d) A satisfactory record of integrity and business ethics;

(e) A satisfactory record of compliance with the law, including labor and civil rights laws and rules, the First Source Employment Agreement Act of 1984, effective June 29, 1984 (D.C. Law 5-9; D.C. Official Code §§ 2-219.01et seq.), the Small and Certified Business Enterprise Development and Assistance Act of 2005, as amended (D.C. Official Code §§ 2-218.01et seq.), licensing, and tax laws;

(f) The necessary organization, experience, accounting, operational control, and technical skills, or the ability to obtain them;

(g) The necessary production equipment, construction equipment, technical equipment, and facilities, or the ability to obtain them;

(h) Has not exhibited a pattern of overcharging the District;

(i) Does not have an outstanding debt with the District or the federal government in a delinquent status of more than the greater of one thousand dollars($1,000) or one percent (1%) of the contract value, up to twenty-five thousand dollars ($25,000); and

(j) Is qualified and eligible to receive an award under applicable laws and regulations.

2200.5

If the contracting officer determines that the priceincluded in a prospective contractor'sbid or offer is so low as to appear unreasonable or unrealistic, the contracting officer may determine the prospective contractor to be non-responsible.

2200.6

The contracting officer shall refer a prospective contractor determined to be non-responsible to the Director for consideration as to whether the prospective contractor should be proposed for debarment or suspension.

D.C. Mun. Regs. tit. 27, r. 27-2200

Final Rulemaking published at 35 DCR 1525 (February 26, 1988); amended by Final Rulemaking published at 66 DCR 14414 (11/1/2019)

AUTHORITY: D.C. Code §§ 1-1181; Mayor's Order 2002-207.