D.C. Mun. Regs. tit. 7, r. 7-1604

Current through Register Vol. 71, No. 43, October 25, 2024

Rule 7-1604 - APPOINTMENT OF CONTRACTING OFFICERS; DELEGATIONS OF AUTHORITY; DUTIES AND RESPONSIBILITIES OF CONTRACTING OFFICERS

1604.1

The Executive Director is the Board's Chief Contracting Officer ("CCO") unless the Executive Director:

(a) Has duly appointed a Board employee to act as Chief Contracting Officer; and

(b) Has delegated contracting authority, in whole or in part, to the duly appointed Board employee who shall serve as the Chief Contracting Officer.

1604.2

The Chief Contracting Officer shall have full and complete contracting authority, including authority to enter into, administer, modify, and terminate contracts, and is responsible for overseeing the Board's Procurement Office and supervising the Board's procurement activities.

(a) Subject to compliance with these Rules, the CCO shall have wide latitude to exercise business judgment in conducting procurements. Consequently, the ability to exercise that discretion wisely and responsibly is critical to the CCO's decision to delegate contracting authority.

(b) The CCO shall not issue an award or enter into contract unless the CCO is reasonably sure that the applicable requirements of these Rules, and any other applicable law, have been met.

(c) The CCO shall approve the standard contract format(s) and standard or special contract terms and conditions to be included in the Board's contracts, consistent with these Rules. The CCO may substitute or waive approved contract terms and conditions where the CCO, after conferring with the Board's General Counsel, determines that it is reasonable and in the best interest of the Board to do so.

(d) The CCO shall ensure that these Rules are made available to and accessible by Board employees, Board members, and other individuals who participate in the Board's procurement processes. The CCO shall also ensure that Board employees and Board members adhere with the policies and procedures developed by the Board to affect its procurements.

(e) The CCO shall ensure that Board employees and Board members periodically receive training to strengthen and update their skills and knowledge concerning procurement matters.

1604.3

The Chief Contracting Officer may delegate contracting authority to other qualified Board or District employees who are considered Contracting Officers ("COs"). Where the CCO delegates contracting authority to a CO, that CO is authorized to act on behalf of the Board only to the extent of the contracting authority set forth in his or her delegation. In no instance shall a CO presume greater contracting authority than what has been delegated to him or her. Unless explicitly permitted by their delegation, COs are not authorized to sub-delegate or re-delegate their authority to another.

1604.4

Where a Contracting Officer is delegated authority to bind the Board in contract or agreement, the CO shall not:

(a) Issue an award or enter into contract unless the CO is reasonably sure that the applicable requirements of these Rules, and any other applicable law, have been met; or

(b) Issue an award, make a purchase, or enter into any contract or agreement for an amount in excess of his or her specifically delegated contracting authority, if applicable.

1604.5

The Chief Contracting Officer shall make each delegation or modification of contracting authority in writing. A written delegation or modification of contracting authority shall be signed by the CCO and include:

(a) The scope of contracting authority being delegated; and

(b) The conditions upon which contracting authority expires or terminates, if applicable.

1604.6

Termination of a Contracting Officer's delegation shall be in writing unless the written delegation or modification of contracting authority contains a provision for automatic termination or expiration. No termination shall operate retroactively.

1604.7

For each solicitation or award for which a Contracting Officer is responsible, the CO shall:

(a) Make determinations and findings required by these Rules;

(b) Identify resources needed for the initiation, management, execution, and ongoing monitoring of procurement activities;

(c) Consider the advice of subject matter experts and specialists when necessary or appropriate to ensure that the Board's procurement activities are carried out in the best interest of the Board;

(d) Ensure that contractors receive fair and equitable treatment in accordance with these Rules;

(e) Ensure that sufficient unencumbered budget authority is available for each award obligation;

(f) Maintain the contract file which serves as the repository for all required documentation concerning the procurement and any resulting award.

D.C. Mun. Regs. tit. 7, r. 7-1604

Notice of Final Rulemaking published at 57 DCR 12594, 12597 (December 31, 2010); amended by Final Rulemaking published at 68 DCR 63 (1/7/2022)

Authority: The District of Columbia Retirement Board (the Board), pursuant to the authority set forth in section 121(i) of the District of Columbia Retirement Reform Act of 1979 ( Pub. L. 96-122, 93 Stat. 866 (Nov. 17, 1979) (codified at D.C. Official Code § 1-711(i) (2001)) (the Reform Act).