D.C. Mun. Regs. r. 50-5029

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

Rule 50-5029 - TERM CONTRACTS

5029.1

Under term contracts, the contractor's delivery and performance obligations are triggered when the Contracting Officer subsequently issues orders pursuant to the contract.

5029.2

Term Contracts include:

(a) Requirements contracts; and

(b) Indefinite quantities contracts.

5029.3

A requirements contract provides the mechanism for OAG to order from a single contractor all of its requirements for designated supplies or services during a specified period. The Contracting Officer shall state a realistic estimated total quantity to be purchased in the solicitation and resulting contract. This estimate is not a representation to an offeror or contractor that the estimated quantity will be required or ordered, or that conditions affecting requirements will be stable. A solicitation for a requirements contract must be approved by the CCO in addition to the Contracting Officer.

5029.4

An indefinite quantity contract provides for an indefinite quantity, within specified limits, of supplies or services to be furnished during a fixed period.

5029.5

An indefinite quantity contract:

(a) Requires OAG to order, and the contractor to deliver, at least the stated minimum quantity of supplies or services; and

(b) Requires the contractor to deliver any additional quantities OAG may order during the contract period subject to the stated maximum quantity limitations in the contract.

5029.6

The Contracting Officer may award a single indefinite quantity contract for particular goods or services or may award multiple contracts and choose between the selected contractors in awarding subsequent orders.

5029.7

If multiple indefinite quantity contracts are awarded, the Contracting Officer shall establish in the solicitation and resultant contracts the procedure by which orders will be placed with each contractor.

5029.8

Generally, one (1) of the following two (2) award procedures shall be used:

(a) The rotating award procedure, where work is assigned on a rotation basis (that is, the first order is given to Contractor A, the second order to Contractor B, etc.); or

(b) The competitive award procedure, where the Contracting Officer requests task order proposals from two (2) or more contractors holding an indefinite delivery contract.

5029.9

The competitive award procedure is preferred.

5029.10

If the competitive award procedure is used for ordering, each bid or proposal request shall specify:

(a) The specific goods or services required;

(b) A delivery schedule or period of performance; and

(c) Such other information as the Contracting Officer may reasonably request.

D.C. Mun. Regs. r. 50-5029

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