D.C. Mun. Regs. tit. 7, r. 7-1699
Board property - all property owned by or leased to the Board or acquired by the Board under the terms of the contract, including property in the possession of or directly acquired by the Board and subsequently made available to the contractor.
Board quality assurance - the various functions, including inspection, performed by the Board and/or the District to determine whether a contractor has fulfilled the contract obligations pertaining to quality and quantity.
Claim -- a written demand or written assertion by the Board or a contractor seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to the contract.
Confidential information - proprietary information of the Board and/or District.
Consultant - a firm or individual with knowledge and special abilities not generally available to the Board who renders services of a purely advisory nature relating to governmental functions or agency administration and management.
Contingency costs - costs based on a possible future event or condition arising from presently known or unknown causes, the outcome of which is not determinable at the present time.
Contingent fee -- any commission, percentage, brokerage, or other fee that is dependent upon or tied to the success that a person or concern has in securing a Board contract.
Contract -- a mutually binding agreement between the Board and a contractor, which must be in writing unless otherwise authorized by the Act, including agreements in which a party other than the Board is obligated to pay the contractor.
Contract Administrator or "CA" -- the individual responsible for overseeing the conduct of contract work.
Contract modification -- any written change in the terms of a contract.
Contracting Officer or "CO" -- an individual who has been granted contracting authority, in whole or in part, by the Executive Director in accordance with §1604.
Contract quality requirements - the technical requirements in the contract relating to the quality of the product or service and those contract clauses prescribing inspection, and other quality controls incumbent on the contractor, to assure that the supply, service, or installation conforms to the contractual requirements.
Correction - the elimination of a defect.
Cost - the amount paid or charged for something. Cost does not include the contractor's profit.
Cost contract - a cost-reimbursement contract in which the contractor receives no fee.
Cost-plus-award-fee contract - a cost-reimbursement type contract that provides for a fee consisting of an amount fixed at the beginning of the contract and potential award of additional fee amounts based upon a judgmental evaluation by the CO, sufficient to provide motivation for excellence in contract performance.
Cost-plus-fixed-fee contract - a cost-reimbursement type contract which provides for the payment of a fixed fee to the contractor. The fixed fee, once negotiated, does not vary with actual cost, but may be adjusted as a result of any subsequent changes in the work or services to be performed under the contract.
Cost-plus-incentive-fee contract - a cost-reimbursement type contract that provides for an initially negotiated fee to be adjusted later by a formula based on the relationship of total allowable costs to total target costs. After performance of the contract, the fee payable to the contractor is determined in accordance with a negotiated formula.
Cost-reimbursement contract - a contract which provides for payment of allowable costs incurred in the performance of a contract, to the extent prescribed in the contract. This type of contract establishes an estimate of total cost for the purpose of obligating funds and establishes a ceiling which the contractor may not exceed (except at its own risk) without prior approval of, or subsequent ratification by, the Executive Director.
Cost-sharing contract - a cost-reimbursement type contract in which the contractor receives no fee and is reimbursed only for an agreed upon portion of its allowable costs.
Council - the Council of the District of Columbia.
Cure notice - a notice in writing in which the CO specifies a contractor's failure to perform some provision of the contract or failure to make sufficient progress on contract performance so as to endanger performance of the contract. The notice includes a period in which the contractor will be allowed to cure the failure.
Day -- means a calendar day unless expressly stated otherwise. Any day on which a submission is due or other action occurs must be a day on which the District of Columbia Government is open for regularly scheduled business.
Debarment -- action taken by the Board and/or District to exclude a contractor from Board and/or District contracting and Board- or District-approved subcontracting for a reasonable, specified period. A contractor so excluded is "debarred."
Deficiency -- a material failure of a proposal to meet a Board requirement or a combination of significant weaknesses in a proposal that increase the risk of unsuccessful contract performance to an unacceptable level.
Definite-quantity contract - a contract that provides for delivery of a definite quantity of specific goods or services for a fixed period, with deliveries to be scheduled at designated locations.
Depreciation - a charge to current operations which distributes the cost of a tangible capital asset, less estimated residual value, over the estimated useful life of the asset in a systematic and logical manner. Useful life refers to the prospective period of economic usefulness in a contractor's operations as distinguished from physical life, as evidenced by the actual or estimated retirement and replacement practice of the contractor.
Destination - the point designated in the contract at which the end product is received.
Direct cost - any cost that can be identified specifically with a final cost objective or is incurred directly for a particular contract.
Directly associated cost - any cost which is generated solely as a result of the incurrence of another cost, and which would not have been incurred had the cost not been incurred.
Discussion - any oral or written communication between the Board and an offeror (other than communications conducted for the purpose of minor clarification) whether or not initiated by the Board, that involves information essential for determining the acceptability of a proposal, or provides the offeror an opportunity to revise or modify its proposal.
District supply sources - sources available to the District and/or the Board from which the contractor or subcontractor may obtain supplies for use in certain contracts.
Effective date of termination - the date on which the notice of termination requires the contractor to stop performance under the contract. If the termination notice is received by the contractor after the date fixed for termination, then the effective date of termination is the date the notice is received by the contractor.
Emergency Condition -- A situation which creates a threat to public health, welfare, or safety such as may arise by reason of floods, epidemics, riots, or equipment failures. The existence of such condition creates an immediate and serious need for goods or services that cannot be met through normal procurement methods and the lack of which would seriously threaten:
(a) the function of the Board; (b) the preservation or protection of property; or (c) the health or safety of any person.
Estimating costs - the process of forecasting a future result in terms of cost based upon information available at the time.
Executed - agreed to and signed by the parties to a transaction.
Executive Director -- the Executive Director of the District of Columbia Retirement Board.
Expert - a person with excellent qualifications and a high degree of attainment in a professional, scientific, technical, or other field, whose knowledge and mastery of the principles, practices, problems, methods, and techniques of his or her field or activity, or of a specialized area in the field, are clearly superior to those usually possessed by ordinarily competent persons in that activity, and whose attainment is such that he or she usually is regarded as an authority or as a practitioner of unusual competence and skill by other persons in the profession, occupation, or activity.
Expressly unallowable cost - a item or type of cost which, under the express provisions of an applicable law, regulation, or contract, is specifically named and stated to be unallowable.
Facilities - property used for production, maintenance, research, development, or testing. The term "facilities" includes personal property of a capital nature (including equipment, machine tools, test equipment, furniture, vehicles, and accessory and auxiliary items) for use in manufacturing goods, in performing services, or for any administrative or general plant purpose, and real property (land and rights in land, ground improvements, utility distribution systems, and buildings and other structures), but does not include material.
Firm-fixed-price contract - a fixed-price contract that provides for a price that is not subject to any adjustment of the basis of the contractor's cost experience in performing the contract. This type of contract places maximum risk and full responsibility for all costs and resulting profit or loss upon the contractor and provides maximum incentive for the contractor to control cost and perform effectively.
Fiscal year - the accounting period for which annual financial statements are regularly prepared.
Fixed assets - property used in operating a business which will not be consumed or converted into cash or its equivalent. It includes machinery, land, and buildings.
Fixed-price contract with economic price adjustment - a fixed-price contract that provides for the upward and downward revision of the stated contract price upon the occurrence of certain contingencies that are specifically defined in the contract.
Fixed-price incentive contract - a fixed-price type contract that provides for adjusting profit and establishing the final contract price by a formula based on the relationship of final negotiated total costs to total target costs. After performance of the contract, the final cost is negotiated, and the final contract price is then established in accordance with the formula.
Incentive contract - a fixed-price or cost-reimbursement type contract which provides for relating the amount of profit or fee payable under the contract with the contractor's performance in order to obtain specific procurement objectives.
Indefinite-quantity contract - a contract that provides for an indefinite quantity, within written stated limits, of specific goods or services to be furnished during a fixed period, with deliveries to be scheduled by placing orders with the contractor. The contract requires the Board to order and the contractor to furnish at least a stated minimum of goods or services.
Indirect costs - any cost not directly identified with a single contract but identified with two (2) or more final cost objectives or an intermediate cost objective.
Ineligible -- excluded from Board and/or District contracting or subcontracting under authority of federal statute or regulation applicable to the District (such as the Davis-Bacon Act, 40 U.S.C. §§ 276a-276a-7, the Service Contract Act, 41 U.S.C. §§ 351-358, or the Equal Employment Opportunity Act of 1972, 5 U.S.C. §§ 5108, 5314 et seq., and 42 U.S.C. § 2000e) , or excluded under authority of a District statute or regulation other than the Board's procurement regulations.
Inspection - examining and testing goods, services, or installation to determine whether they conform to contract requirements. This includes, when appropriate, examination and testing of raw materials, components, and intermediate assemblies.
Insurance - a contract which provides that, for a stipulated consideration, the insurer undertakes to indemnify the insured party against risk of loss, damage, or liability arising from an unknown or contingent event.
Labor-hour contract - a contract that is a variant of the time-and-materials type contract differing only in that materials are not supplied by the contractor.
Legal proceedings -- any civil judicial proceeding to which the Board and/or District is a party or any criminal proceeding, including appeals from these proceedings.
Letter contract - a written preliminary contractual instrument that authorizes the contractor to begin immediately manufacturing or delivering goods or performing services. A letter contract is always associated with a definitive contract, and a letter contract by itself cannot be the sole document used for a complete procurement.
Lowest evaluated bid price -- the lowest bid price after considering all price related factors.
Market research - the process used for collecting and analyzing information about the entire available market that will satisfy the minimum agency need used to arrive at the most suitable approach for acquiring, distributing, and supporting goods and services.
Market survey -- a testing of the marketplace to ascertain whether other qualified sources capable of satisfying the Board's requirement exist. It may range from written or telephone contacts with knowledgeable experts regarding similar or duplicate requirements, and the results of any market test recently undertaken, to the more formal sources-sought announcements in pertinent publications (such as technical or scientific journals, or the Commerce Business Daily) or solicitations for information or planning purposes.
Material - property that may be incorporated into or attached to a deliverable end item or that may be consumed or expended in performing a contract. The term includes assemblies, components, parts, raw and processed materials, and small tools and goods that may be consumed in normal use in performing a contract.
Material costs - costs of items such as raw materials, parts, sub-assemblies, components, and manufacturing supplies, whether purchased or manufactured by the contractor, which may include such collateral items as inbound transportation and in transit insurance.
Maximum liability - the amount, not to exceed fifty percent (50%) of the overall contract price ceiling, obligated by the letter contract over which the Board cannot be liable if the letter contract is terminated.
Minor informality or irregularity -- an immaterial defect in a bid or variation of a bid from the exact requirements of the IFB that can be corrected or waived without being prejudicial to other bidders. The defect or variation is immaterial when the effect on price, quantity, quality, or delivery is negligible when contrasted with the total cost or scope of the requirement.
Multiyear contract -- a contract for a period longer than twelve (12) months that is funded by annual appropriations.
Nonrecurring costs -- those production costs which are generally incurred on a one-time basis and include costs such as plant or equipment relocation, plant rearrangement, pre-production engineering, initial spoilage and rework, and specialized work force training.
Normal cost - the annual cost attributable to years after a valuation date under the actuarial cost method in use.
Novation Agreement -- a legal instrument executed by a contractor (transferor), the successor in interest (transferee), and the Board by which, among other things, the Board recognizes the transfer of the rights and obligations of a contractor under a contract to a new contractor.
Off-the-shelf item - an item produced and placed in stock by a contractor, or stocked by a distributor, before receiving orders or contracts for its sale.
Option -- a unilateral right in a contract under which, for a specified time, the Board may elect to extend the term of a contract.
Organizational conflict of interest -- when the nature of the work to be performed under a proposed Board contract might, without some restraint on future activities, result in an unfair competitive advantage to a contractor or impair a contractor's objectivity in performing contract work.
Organization costs - costs such as incorporation fees and costs of attorneys, accountants, brokers, promoters, organizers, management consultants, and investment counselors, including employees of the contractor.
Partial payment - the reduction of any debt or demand for payment of a sum less than the whole amount originally due.
Partial termination - the termination of a part, but not all, of the work that has not been completed and accepted under a contract.
Performance bond - a bond that secures performance and fulfillment of the contractor's obligations under the contract.
Person -- any business entity, individual, union, committee, club, or other organization or group of individuals.
Pre-award survey -- a detailed review (sometimes on-site) of a contractor to ascertain information sufficient to make a determination regarding responsibility.
Pre-contract costs - costs incurred before the effective date of the contract directly pursuant to the negotiation and in anticipation of the contract award when those costs are necessary to comply with the proposed contract delivery schedule.
Pre-solicitation -- prior to the transmittal by the Board of any proposed contract documents to the proposed contractor before the issuance of a solicitation or in a proposed sole source procurement.
Preventive maintenance - maintenance performed on a regularly scheduled basis to prevent the occurrence of defects and to detect and correct minor defects before they result in serious consequences.
Price -- cost plus any fee or profit applicable to the contract type. The amount the Board anticipates it will pay the contractor for full performance under the terms of a contract.
Price ceiling - an amount established during negotiations or at the discretion of the CO which constitutes the maximum that may be paid to the contractor for performance of a contract.
Pricing - the process of establishing a reasonable amount or amounts to be paid for goods or services.
Procurement planning -- the process by which the efforts of all personnel responsible for an acquisition are coordinated and integrated through a comprehensive plan for fulfilling the Board's needs in a timely manner and at a reasonable cost. It includes developing the overall strategy for managing the acquisition.
Progress payment - a payment made based on services completed or goods delivered.
Property - all property, both real and personal, including facilities and material.
Proposal - any offer or other submission used as a basis for pricing a contract, contract modification, or termination settlement or for securing payments thereunder.
Proprietary information - information, including trade secrets, data, formulas, patterns, compilations, programs, devices, methods, techniques, or processes, that have the following characteristics:
(a) It derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; or
(b) It is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
Purchase description - a description of the essential physical characteristics and functions required to meet the Board's minimum needs.
Purchase order -- an offer by the Board to buy certain goods or services from commercial sources upon specified terms and conditions.
Quotation -- a citation of price and delivery terms or a period of performance by a contractor.
Recurring costs -- the production costs that vary with the quantity being produced, such as labor and materials.
Rental costs - costs of renting or leasing real or personal property.
Requirements contract- a contract that provides for the filling of all actual purchase requirements of the Board for specific goods or services during a specified contract period, with deliveries to be scheduled by placing orders with the contractor as required.
Residual value - the proceeds, less removal and disposal costs, if any, realized upon disposition of a tangible capital asset. It usually is measured by the net proceeds from the sale or other disposition of the asset or its fair market value if the asset is traded in on another asset. The estimated residual value is a current forecast of the residual value.
Responsive bid -- a bid that conforms in all material respects to the invitation for bids.
Service life - the period of usefulness of a tangible capital asset or group of assets to its current owner. The period may be expressed in units of time or output. The estimated service life of a tangible capital asset or group of assets is a current forecast of its service life and is the period over which depreciation cost is to be assigned.
Settlement agreement - a written agreement in the form of a modification to a contract settling all or a severable portion of a settlement proposal.
Settlement proposal - a proposal for effecting settlement of a contract terminated, in whole or in part, submitted by a contractor or subcontractor.
Show cause notice - a notice in which the CO notifies the contractor in writing of the possibility of a termination for default. The notice calls the contractor's attention to the contractual liabilities if the contract is terminated for default and requests the contractor to show cause why the contract should not be terminated for default.
Small purchase -- a procurement of goods or services in an aggregate amount not exceeding the small purchase authority limitations set forth in these Rules.
Solicitation -- request for proposals (RFP), excluding a request for information (RFI) or request for qualifications (RFQ).
Source - the point designated in the contract from which the end product is shipped.
Specification - a description of the technical requirements for a material, product, or service that includes the criteria for determining whether these requirements are met.
Standard - a document that establishes engineering and technical limitations and applications of items, materials, processes, methods, designs, and engineering practices. It includes any related criteria deemed essential to achieve the highest practical degree of uniformity in materials or products, or interchangeability of parts. Standards may be used in specifications, invitations for bids, requests for proposals, and contracts.
Standard cost - any cost computed with the use of pre-established measures.
Stop-work order - a written document issued by the CO advising a contractor to cease work.
Subcontract -- a contract between a prime contractor (or, in some instances, a subcontractor) and a subcontractor to furnish goods or services for performance of a part of a prime contract or another subcontract, including, but not limited to, purchase orders, changes, and modifications to purchase orders.
Subcontractor -- a supplier, distributor, vendor, or firm that furnishes goods or services to or for a prime contractor or another subcontractor.
Supplemental agreement -- a bilateral contract modification.
Suspension -- action taken by the Board and/or District to disqualify a contractor temporarily from Board and/or District contracting and Board- or District-approved subcontracting. A contractor so disqualified is "suspended."
Systems engineering -- developmental, analytical, or other non-production activities, including determining specifications, identifying, and resolving interface problems, developing test requirements, evaluating test results, or supervising design.
Tangible capital asset - an asset that has physical substance, more than minimal value, and is expected to be held by an enterprise for continued use or possession beyond the current accounting period for the services it yields.
Target price - an amount established by the CO during negotiations to encourage the contractor to control contract costs. The contractor's final profit varies inversely with the final cost of the contract.
Technical analysis -- the examination and evaluation by personnel having specialized knowledge, skills, experience, or capability in factors set forth in a proposal.
Term contract - a requirements contract or an indefinite-quantity contract.
Terminated portion of the contract - the portion of a terminated contract that relates to work or end items not completed and accepted before the effective date of termination and is the portion of the contract which the contractor is not to continue to perform. For installation or service contracts that have been completely terminated for convenience, it means the entire contract, notwithstanding the completion of or payment for individual items of work before termination.
Termination for default - the exercise of the Board's contractual right to terminate, completely or partially, a contract because of the contractor's actual or anticipated failure to perform its contractual obligations.
Testing - the element of inspection that determines the properties or elements, including functional operation of goods or their components, by the application of established scientific principles and procedures.
Time-and-materials contract - a type of contract that provides for the procurement of goods or services on the basis of direct labor hours at specified fixed hourly rates (which include wages, overhead, general and administrative expenses, and profit) and material at cost.
Two-step sealed bidding -- a method of contracting designed to obtain the benefits of competitive sealed bidding when adequate specifications are not initially available.
Unallowable cost - any cost that, under the provisions of any pertinent law, regulation, or contract, cannot be included in prices, cost-reimbursements, or settlements under a Board contract to which it is allocable.
Unilateral modification -- a contract modification that is signed only by the CO.
Unpriced purchase order -- an order for goods or services, the price of which is not established at the time of issuance of the order.
Unsolicited proposal -- a written proposal that is submitted to an agency on the initiative of the submitter for the purpose of obtaining a contract with the Board that is not in response to a solicitation.
Variance - the difference between a pre-established measure and an actual measure.
Warranty - a promise or affirmation given by a contractor to the Board regarding the nature, usefulness, or condition of the goods or services furnished under a contract.
D.C. Mun. Regs. tit. 7, r. 7-1699