D.C. Mun. Regs. r. 27-2202

Current through Register Vol. 71, No. 24, June 14, 2024
Rule 27-2202 - APPLICATION OF GENERAL STANDARDS
2202.1

The contracting officer shall require, and the prospective contractor shall promptly provide, acceptable evidence that the prospective contractor has, or has the ability to obtain sufficient resources.

2202.2

Acceptable evidence of the prospective contractor's ability to obtain sufficient resourcesshall consist of a commitment or explicit arrangement that will be in existence prior to the time of contract award, to rent, purchase, or otherwise acquire the needed facilities, equipment, personnel, or other resources.

2202.3

A prospective contractor that is or recently has been seriously deficient in contract performance shall be presumed to be non-responsible. The contracting officer may determine the contractor to be responsible if the circumstances of the prior deficiency were properly beyond the contractor's control or if the contractor has taken appropriate corrective action.

2202.4

An affiliated business shall be considered a separate entity in determining whether the business that is to perform the contract meets the applicable standards of responsibility. However, the contracting officer shall consider an affiliate's past performance and integrity when they may adversely affect the prospective contractor's responsibility. For the purpose of this subsection the term "affiliated" shall mean associated business concerns or individuals if, directly or indirectly, either one controls or can control the other, or a third party controls or can control both.

D.C. Mun. Regs. r. 27-2202

Final Rulemaking published at 35 DCR 1526 (February 26, 1938); amended by Final Rulemaking published at 66 DCR 14414 (11/1/2019)