D.C. Mun. Regs. r. 27-4100

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

Rule 27-4100 - CONTRACTOR USE OF DISTRICT SUPPLY SOURCES

4100.1

When it is in the best interest of the District, and if goods or services required in the performance of a District contract are available from District supply sources, the contracting officer may authorize contractors to use these sources in performing the following types of contracts:

(a) Cost-reimbursement; or

(b) Other types of contracts when the contracting officer determines that a substantial dollar portion of the contract is of a cost-reimbursement nature, or that the contract cost can be reduced by authorizing the use of District supply sources by the contractor.

4100.2

The authorization to the contractor to use District supply sources shall include, but not be limited to, consideration of the following factors:

(a) The administrative cost of placing orders with District supply sources and the program impact of delay factors, if any;

(b) The lower cost of items available through District supply sources;

(c) The suitability of items available through District supply sources;

(d) Delivery factors, such as cost and time; and

(e) The recommendations of the contractor.

4100.3

The contracting officer shall issue authorizations to subcontractors to use District supply sources through, and with the approval of, the contractor.

4100.4

The contracting officer may include in the authorization to use District supply sources any limitations or conditions deemed necessary, such as the following:

(a) A limitation on the authority to purchase from District supply sources to any overhead supplies, but not production supplies;

(b) A limitation on the authority for use of District sources to a specific dollar amount;

(c) A restriction on the authorization to use certain facilities or to specific contracts; or

(d) A specific provision setting forth whether vesting of title will differ from other property acquired or otherwise furnished by the contractor for use under the contract.

4100.5

When ordering from District supply sources, contractors shall follow all applicable rules, regulations, procedures, and contract terms.

4100.6

When ordering from District supply sources, contractors shall comply with the requirements of the contracting officer's authorization and order only those items required for performance of the contract.

4100.7

Title to property acquired by the contractor under the contracting officer's authorization may vest in either the District or the contractor, as provided in the contract. If the contract is silent on the vesting of title, title shall vest in the District.

4100.8

Supplies or services provided to a contractor from District supply sources do not contain any representation or warranty as to quality or suitability unless otherwise provided in a contract.

D.C. Mun. Regs. r. 27-4100

Final Rulemaking published at 35 DCR 1733 (February 26, 1988); amended by Final Rulemaking published at 63 DCR 10016 (7/29/2016)

AUTHORITY: Unless otherwise noted, the authority for this chapter is the District of Columbia Procurement Practices Act of 1985, D.C. Law 6-85, as amended, D.C. Code § 1-1181.1 et seq. (1981).