Code of the District of Columbia

Subchapter III. Contractor Standards.

§ 2–353.01. Contractor standards.

(a) The CPO shall establish a process to certify, on a solicitation-by-solicitation basis, the responsibility of prospective contractors. The process shall ensure that the prospective contractor:

(1) Has adequate financial resources to perform the contract or the ability to obtain those resources;

(2) Is able to comply with the required or proposed delivery or performance schedule, based upon the bidder’s or offeror’s existing commercial and government contract commitments;

(3) Has a satisfactory performance record;

(4) Has a satisfactory record of integrity and business ethics;

(5) Has a satisfactory record of compliance with the law, including labor and civil rights laws and rules and part A of subchapter X of Chapter 2 of this title [§ 2-219.01 et seq.];

(6) Has, or has the ability to obtain, the necessary organization, experience, accounting, operational control, and technical skills;

(7) Has, or has the ability to obtain, the necessary production, construction, technical equipment, and facilities;

(8) Has not exhibited a pattern of overcharging the District;

(9) Does not have an outstanding debt with the District or the federal government in a delinquent status of more than the greater of $1,000 or 1% of the contract value, up to $25,000; and

(10) Is otherwise qualified and is eligible to receive an award under applicable laws and rules.

(b) If the District awards a contract to a prospective contractor that has an outstanding debt with the District in a delinquent status that is in an amount less than the amount required to disqualify the prospective contractor pursuant to subsection (a)(9) of this section, the District shall recoup the outstanding debt by offsetting it against any payment due to the contractor under the contract.

(Apr. 8, 2011, D.C. Law 18-371, § 301, 58 DCR 1185; Oct. 8, 2016, D.C. Law 21-158, § 3(h), 63 DCR 10752.)

Section References

This section is referenced in § 2-353.02.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 3(h) of Procurement Integrity, Transparency, and Accountability Emergency Amendment Act of 2016 (D.C. Act 21-504, Oct. 13, 2016, 63 DCR 12942).

§ 2–353.02. Determination of contractor responsibility.

(a) Prior to awarding a contract, the District shall make a determination, in accordance with the process established under § 2-353.01, that the prospective contractor has the necessary capacity to perform in accordance with the terms and conditions of the contract.

(b) For all contracts to exceed $100,000, a potential contractor shall complete and submit with its bid or offer a certification developed by OCP to provide information needed to determine if a prospective contractor is responsible. The certification shall be signed under the penalty of perjury.

(c) After the contract is awarded, if the District learns that the contractor certified false information, the District may terminate the contract. The contractor shall update its responses in the certification during the term of the contract within 60 days of a material change in a response to its prior questionnaire and prior to the exercise of an option year contract. The District may consider failure of the contractor to update the certification with this information as material breach of the contract and invoke remedies pursuant to the provisions of this chapter. Information within the certification may be made available to the public, except to the extent that any information is exempt from disclosure.

(d) A determination by the CPO that a prospective contractor is non-responsible shall be final. The determination of non-responsibility shall not be overturned unless arbitrary or capricious.

(e) Upon determining that a prospective contractor is non-responsible, the CPO shall consider whether the contractor should be suspended or debarred pursuant to the procedure and criteria of § 2-359.07.

(f) Contractors shall ensure that their subcontractors meet the criteria for responsibility pursuant to § 2-353.01.

(g) Information about a prospective or current contractor relevant to a contractor’s responsibility, or lack thereof, may be submitted for consideration to the CPO by a member of the general public.

(Apr. 8, 2011, D.C. Law 18-371, § 302, 58 DCR 1185.)

Section References

This section is referenced in § 2-351.04.