D.C. Mun. Regs. r. 50-5013

Current through Register Vol. 71, No. 24, June 14, 2024
Rule 50-5013 - CONTRACTOR RESPONSIBILITY
5013.1

To receive a contract from OAG, a contractor must be responsible. To be considered responsible, a prospective contractor must meet standards set forth in D.C. Code § 2-353.01.

5013.2

For all contracts that exceed one hundred thousand dollars ($100,000), the contracting officer shall not make a purchase or an award unless the contracting officer has determined in writing that the prospective contractor is responsible. For contracts under $100,000, award of the contract shall be deemed the Contracting Officer's determination that the contractor is responsible.

5013.3

In the absence of information clearly indicating that a prospective contractor is responsible, the prospective contractor shall be deemed non-responsive, and the Contracting Officer shall make a written determination of non-responsibility. The Contracting Officer shall provide a copy of the determination of non-responsibility to the prospective contractor. The Director of DSLBD shall also be notified of a potential non-responsibility determination involving a certified small business concern that is otherwise eligible for an award. The CO shall consider any information provided by DSLBD before making a determination of non-responsibility.

5013.4

In evaluating a prospective contractor's responsibility, a Contracting Officer may request information from the contractor and may also consider information available from other sources. Where necessary, the Contracting Officer may also perform a pre-award survey involving interviews with contractor personnel or visits to the contractor's facilities. Information on the capabilities and suitability of proposed subcontractors also may be considered in evaluating responsibility.

5013.5

For all contracts that exceed $100,000, a potential contractor shall complete and submit with its bid or offer a certification that includes information needed to determine if a prospective contractor is responsible. The certification shall be signed under the penalty of perjury. The contractor shall update the certification prior to the exercise of an option year contract and, during the contract term, within 60 days of any material change incircumstances that affect its responses.

D.C. Mun. Regs. r. 50-5013

Final Rulemaking published at 65 DCR 4406 (4/20/2018); amended by Final Rulemaking published at 68 DCR 11740 (11/5/2021)