D.C. Mun. Regs. r. 27-4013
Except as provided in §§ 4013.5 and 4013.6, the contracting officer shall reject goods, services, or construction which do not conform in all respects to contract requirements.
The contractor shall be given an opportunity to correct or replace nonconforming goods, services, or construction when the correction or replacement can be accomplished within the required delivery or performance schedule.
Unless the contract specifies otherwise, correction or replacement shall be done without additional cost to the District.
In situations not covered by § 4013.2, the contracting officer shall reject the goods, services, or construction when the nonconformance adversely affects safety, health, reliability, durability, performance, or any other basic objective of the specification.
In situations not covered by § 4013.2, nonconforming goods, services, or construction may be accepted by the contracting officer if the contracting officer determines that acceptance is in the best interests of the District.
In situations not covered by § 4013.2, the contracting officer shall consider the following when making a determination whether nonconforming items will be accepted:
The contract administrator shall furnish the data required in § 4013.6 to the contracting officer in writing. When it is in the best interests of the District, the data may be furnished verbally and later confirmed in writing.
Before making a decision to accept nonconforming items, the contracting officer shall obtain the written concurrence of the head of the using agency, or the agency head's designee.
The contracting officer shall discourage the repeated tender of nonconforming items by appropriate action, including rejection of nonconforming items, when appropriate, and documentation of the contractor's performance record.
Except when the nonconformity is minor, each contract under which nonconforming items are accepted shall be modified by the contracting officer to provide for an equitable price reduction or other consideration.
When the contracting officer rejects nonconforming goods, services, or construction, the contracting officer shall issue a notice of rejection in writing and include the reasons for rejection. The notice of rejection shall be issued to the contractor within five (5) working days of the rejection.
D.C. Mun. Regs. r. 27-4013