D.C. Mun. Regs. r. 27-2416

Current through Register Vol. 71, No. 24, June 14, 2024
Rule 27-2416 - TERM CONTRACTS
2416.1

The contracting officer may use a term contract (either a requirements contract or an indefinite-quantity contract) when the exact quantities of goods or services are not known at the time of contract award. Term contracts shall be subject to the provisions of this section and § 2103 of Chapter 21 (Required Sources of Goods and Services) of this title.

2416.2

A term contract may also specify maximum or minimum quantities that the District may order under each individual order and the maximum that the District may order during a specified period of time.

2416.3

The contracting officer may use a requirements contract when the contracting officer anticipates recurring requirements but cannot predetermine the precise quantities of goods or services that designated District agencies will need during a definite period.

2416.4

Each agency designated in a requirements contract shall be required to fill all actual purchase requirements for the specific goods or services from the requirements contract.

2416.5

The contracting officer shall include the following in each contract and solicitation for a requirements contract:

(a) A realistic estimate of the total quantity that will be ordered, based on the most current information available; and
(b) A clause stating that the estimate is not a representation to a bidder, offer or, or contractor that the estimated quantity will actually be required or ordered, or that conditions affecting the requirements, will be stable or normal.
2416.6

If feasible, a requirements contract shall state the maximum limit of the contractor's obligation to deliver and the District's obligation to order.

2416.7

For requirements contracts, the contracting officer shall execute the contract without the obligation of funds. Funds shall be obligated by each agency at the time orders are issued under the contract.

2416.8

The contracting officer may use an indefinite-quantity contract when the contracting officer cannot predetermine, above a specified minimum, the precise quantity of goods or services that will be required during the contract period.

2416.9

An indefinite-quantity contract shall require the District to order and the contractor to furnish at least the stated minimum quantity of goods or services. The contractor shall also be required to furnish, if and as ordered, any additional quantities, not to exceed a stated maximum.

D.C. Mun. Regs. r. 27-2416

Final Rulemaking published at 35 DCR 1564 (February 26, 1988); amended by Final Rulemaking published at 64 DCR 390 (1/19/2018)