D.C. Mun. Regs. r. 27-3251

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 27-3251 - PROCEDURES FOR ASSIGNMENT OF CONTRACT PAYMENTS

3251.1

Assignments by corporations shall be executed by an authorized representative of the corporation and attested by the secretary or an assistant secretary of the corporation.

3251.2

If the contractor is a partnership, the assignment may be signed by one (1) partner if it is accompanied by an acknowledged certification that the signer is a general partner of the partnership who is authorized to sign the assignment on behalf of all partners.

3251.3

If the contractor is an individual, the assignment shall be signed by that individual, and the signature shall be acknowledged before a notary public or other person authorized to administer oaths.

3251.4

The assignee shall forward to each person identified in § 3250.5 an original and three (3) copies of the notice of assignment, together with one (1) true copy of the instrument of assignment.

3251.5

In examining and processing notices of assignment and before acknowledging their receipt, the contracting officer shall ensure that the following conditions have been met:

(a) The contract has been properly approved and executed;

(b) The contract is one under which claims may be assigned; and

(c) The assignment covers only money due or to become due under the contract.

3251.6

A release of an assignment shall be required whenever either of the following occurs:

(a) There has been a further assignment or reassignment; or

(b) The contractor wishes to reestablish its right to receive further payments after the contractor's obligations to an assignee have been satisfied and a balance remains due under the contract.

3251.7

The assignee, under a further assignment or reassignment, in order to establish a right to receive payment from the District shall, file the following with the persons listed in § 3250.5:

(a) Written notice of release of the contractor by the assignee;

(b) A copy of the release instrument;

(c) Written notice of the further assignment or reassignment; and

(d) A copy of the further assignment or reassignment instrument.

3251.8

If the assignee releases the contractor from an assignment of contract payments, the contractor, in order to establish a right to receive payment of the balance due under the contract, shall file a written notice of release together with a true copy of the release of assignment instrument with the persons listed in § 3250.5.

3251.9

The recipient of a notice of release of assignment, or an official acting on behalf of that recipient, shall acknowledge receipt of the notice in writing.

D.C. Mun. Regs. r. 27-3251

Final Rulemaking published at 35 DCR 1647 (February 26, 1988)