D.C. Mun. Regs. r. 27-4624

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

Rule 27-4624 - PAYMENT REQUESTS

4624.1

Except as provided by Subsection 4624.8, requests for payment must be submitted in writing by the contractor together with a valid written contract.

4624.2

Contractor payment requests shall:

(a) Certify that the contractor is entitled to payment in the requested amount; and

(b) Include or attach any information necessary to demonstrate entitlement to the requested payment under the contract's terms.

4624.3

Depending on the contract payment provisions, a payment request may consist of, for example, a statement that specified work has been completed in a satisfactory manner, documentation showing that contract deliverables have been accepted by the Hospital, or information detailing the reimbursable costs incurred by the contractor.

4624.4

Payment shall not be made unless authorized by the Contracting Officer. A Contracting Officer's payment authorization shall not preclude the Hospital from seeking repayment (or pursuing other remedies) if it subsequently concludes that the contractor was overpaid or otherwise misled the Hospital.

4624.5

In addition to the Contracting Officer's payment authorization, all payment requests, except those utilizing simplified contracting procedures under section 4621, must be certified and approved by the Hospital's Chief Financial Officer (or his or her designee) prior to making any payment.

4624.6

No Hospital employee shall authorize payment for the value of supplies and services received without a valid written contract. Any vendor who enters into an oral agreement with a Hospital employee to provide supplies or services to the Hospital without a valid written contract shall not be paid. This subsection shall not apply to a payment required by court order, a final decision of an authorized forum, or an approval by the CCO in accordance with Subsection 4624.8 of this section.

4624.7

The CCO or designee shall review and verify requests submitted by a Contracting Officer for authorization for payment for supplies or services received without a valid written contract, and shall either approve or disapprove requests for authorization for payment.

4624.8

The CCO or designee may authorize payments for supplies or services received without a valid written contract if:

(a) supplies or services have been provided to and accepted by the Hospital, or the Hospital otherwise has obtained or will obtain a benefit resulting from provision of supplies or services without a valid written contract;

(b) the Contracting Officer determines that the price for the supplies or services provided without a valid written contract is fair and reasonable;

(c) the Contracting Officer recommends payment for the supplies or services provided without a valid written contract;

(d) the Chief Financial Officer, or a designee, certifies that appropriated funds are available; and

(e) the request for authorization for payment for supplies or services received without a valid written contract is in accordance with any other procedures or limitations prescribed by the CCO.

4624.9

No authorization for payment for supplies and services received without a valid written contract shall occur more than one (1) time with the same vendor.

4624.10

An authorization for payment for supplies and services received without a valid written contract may be used for obligations incurred after August 31, 2012, only if, in addition to the requirements of Subsection 4624.8 of this section, the contracting officer certifies in writing that:

(a) All payments requested are critical and necessary for the ongoing provision of medical care to patients; and

(b) Under his or her good faith assessment, the Hospital must make the requested payment to continue operating the Hospital without interruption of critical and necessary patient care services.

D.C. Mun. Regs. r. 27-4624

Notice of Emergency and Proposed Rulemaking published at 57 DCR 8507 (October 8, 2010)[EXPIRED]; as amended by Notice of Emergency and Proposed Rulemaking published at 58 DCR 3086 (April 18, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 4565, 4591 (May 27, 2011); as amended by Final Rulemaking published at 59 DCR 14820 (December 14, 2012)

Authority: The Board of Directors of the Not-for-Profit Hospital Corporation (Board), pursuant to authority granted by sections 105(a), 106(6), and 111 of the Not-for-Profit Hospital Corporation Establishment Emergency Amendment Act of 2010 (Act), effective July 7, 2010 (D.C. Act 18-476; 57 DCR 6937 (August 6, 2010), and applicable sections of any subsequent substantially identical emergency, temporary, or permanent legislation.