D.C. Mun. Regs. r. 27-2212

Current through Register Vol. 71, No. 24, June 14, 2024
Rule 27-2212 - CONSEQUENCES OF DEBARMENT, SUSPENSION, OR INELIGIBILITY
2212.1

Unless the Director determines in writing that there is a compelling reason to do otherwise, agencies shall not solicit offers from, award contracts to, or consent to a District contractor's subcontract with a personlisted on a current federal excluded parties list or the District's excluded parties list.

2212.2

A person listed on acurrent federal excluded parties list or the District's excluded parties listshall be excluded from receiving District contracts and subcontracts, under the conditions and for the period set forth in the applicable statute, regulation, or final decision, except as provided in Subsections 2212.1 and 2212.3 of this chapter.

2212.3

Bids or proposals received from a person named on acurrent federal excluded parties listor the District'sexcluded parties listshall be rejected unless the Director provides the ineligible person with a written statement before the bid or proposal is submitted of the compelling reason(s) why the bid or proposal should be considered. The Director's determination shall be appended to the bid or proposal submitted.

2212.4

Immediately before the award of a contract, the contracting officer shall review the most recent versions of the federal and Districtexcluded parties' lists to ensure that none of the persons being considered for award are named on the lists. If a person being considered for award appears on afederal or District excluded parties list, the contracting officer shall notify the person in writing that the person's bid or proposal shall be rejected unless the person provides a written statement from the Director in accordance with § 2212.3of this chapter within fifteen (15) days of receipt of the written notification.

2212.5

If a contract is awarded to a debarred or suspended person, a notice of the award, along with the Director's determination, shall be published on the OCP's website within fifteen (15) days of the issuance of the award and published in the District of Columbia Register.

2212.6

The contracting officer may continue contracts or subcontracts in existence at the time a person is debarred, suspended, or declared ineligible, unless the Director determines in writing that the existing contracts or subcontracts should be terminated to protect the best interest of the District for any of the reasons set forth in § 903 of the Act, D.C. Official Code § 2-359.03.

2212.7

The contracting officer shall not exercise an option to renew or otherwise extend a current contract with a debarred or suspended person, or a contract which is being performed in any part by a debarred or suspended subcontractor, unless the Director approves the action in writing based on compelling reasons for exercise of the option or extension.

2212.8

For any subcontract subject to District consent, the contracting officer shall not consent to the award of a subcontract to any debarred or suspended person unless the Director approves the award, in writing, based on compelling reasons for the award.

2212.9

A person that has been debarred twice by the District shallbe banned permanently from contracting with theDistrict as set forth in § 907(k) of the Act.

D.C. Mun. Regs. r. 27-2212

Final Rulemaking published at 35 DCR 1532 (February 26, 1988); amended by Final Rulemaking published at 66 DCR 14414 (11/1/2019)