D.C. Mun. Regs. r. 50-5028

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

Rule 50-5028 - SPECIAL METHODS OF CONTRACTING

5028.1

Notwithstanding any other provision of this chapter, a Contracting Officer may procure goods and services using special methods of procurement, if the Contracting Officer determines that it is in OAG's best interest. As part of the procurement planning process, the Contracting Officer will determine the most appropriate method of contracting based on, among other considerations, the scope of work, delivery schedules, existing market conditions, and other relevant considerations. Some examples of special methods of procurement are:

(a) Cooperative Purchasing Agreements

i. OAG may participate in Cooperative Purchasing Agreements. Procurements through Cooperative Purchase Agreements shall be considered competitive for the purposes of this chapter.

ii. OAG may sponsor, conduct, or administer Cooperative Purchasing Agreements with any other organization, public or private, including state, county, or municipal jurisdictions, for the purpose of procuring supplies and services, which shall include construction services or architectural and engineering services related to construction repairs, upgrades, restoration, alteration, and reconstruction of existing buildings and facilities.

iii. Cooperative Purchasing Agreements entered into by OAG shall be in accordance with, to the extent practicable, all laws, statutes, and regulations applicable to OAG with respect to contracting, and shall not be inconsistent with laws, statutes, and regulations of the United States government that apply specifically to the District.

(b) Agreements with Federal Agencies

i. OAG may enter into a Memorandum of Understanding (MOU) or a Memorandum of Agreement (MOA) with any federal department, establishment, bureau, or office for materials, supplies, equipment, work, or services of any kind that such federal agency may be in a position to supply or be equipped to render, by contract, or otherwise. The acquisition of goods or services directly from a federal agency are exempt from competition.

ii. OAG shall pay the federal agency, upon its written request, in accordance with the terms of the agreement.

iii. Orders placed as provided in this subsection shall be considered as obligations upon appropriations in the same manner as orders or contracts placed with private contractors.

(c) Agreements with District Agencies

i. OAG may enter into a Memorandum of Understanding or a Memorandum of Agreement with any department, office, or agency of the District for materials, supplies, equipment, work, or services of any kind that the requisitioned department, office, or agency may be in a position to supply or equipped to render.

ii. To the extent that OAG places any such order, it shall either advance or reimburse such District department, office, or agency in accordance with the terms of the agreement.

iii. Orders placed as provided in this subsection shall be considered as obligations upon appropriations in the same manner as orders or contracts placed with private contractors.

(d) Letter Contracts

i. The Contracting Officer may use a letter contract when 1) OAG's interests demand that the contractor be given a binding commitment so that work can start immediately; and 2) executing a definitive contract is not possible in sufficient time to meet the requirement. A letter contract shall not commit OAG to a definitive contract in excess of the funds available at the time the letter contract is executed.

ii. Each letter contract shall be as complete and definite as possible under the circumstances and shall include clauses approved and required by the CCO.

iii. When a letter contract is executed, the Contracting Officer shall include a price ceiling for the anticipated definitive contract. The price ceiling of the executed definitized contract shall not exceed the price ceiling for the anticipated definitive contract included in the letter contract.

iv. Each letter contract shall also include a clause indicating the maximum liability of OAG under the letter contract. The maximum liability to OAG shall be the estimated amount necessary to cover the contractor's requirement for funds before execution of the definitive contract. However, OAG's maximum liability shall not exceed fifty percent (50%) of the overall price ceiling for the term of the definitive contract.

v. The Contracting Officer shall execute a definitive contract within one hundred and eighty (180) days after the date of execution of the letter contract unless the, the Contracting Officer determines that it is necessary to extend the letter contract for an additional period.

vi. Prior to execution of a letter contract, the Contracting Officer shall ensure that funds are encumbered for obligation in the amount of the maximum OAG liability under the letter contract.

vii. The Contracting Officer shall use the estimated amount of the definitive contract for determining the type and level of review and approval required as well as the contracting authority necessary.

D.C. Mun. Regs. r. 50-5028

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