Section 15-2299. DEFINITIONS

 

2299.1When used in these regulations, the following terms and phrases shall have the meanings set forth in this section. Words and terms not defined in these regulations shall have their commonly recognized meanings, unless specifically defined where they appear in the document.

 

Best Value - The combination of quality, price, and other factors that provide the most effective overall response consistent with the solicitation of a Commission requirement.

 

Blanket Purchase Agreement - A simplified method of fulfilling future needs by establishing an agreement between the Commission and a qualified prospective contractor that sets forth the terms and conditions under which future purchases may be made.

 

Claim - A written demand or written assertion by 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 related to the contract. A matter is not a claim unless a dispute exists between the Commission and the Contractor regarding the subject matter of the claim.

 

Consultant - A firm or individual with knowledge and special abilities not generally available to the Commission who renders services of a purely advisory nature relating to and in support of Commission functions, administration, or management. A consultant is prohibited from making Commission policy.

 

Consulting Services - Services of a purely advisory nature relating to Commission functions, administration and management, or program management that are normally provided by persons who are considered to have knowledge and special abilities not generally available within the Commission.

 

Contracting Officer - An individual with a written delegation of authority from the Commission to manage and oversee the financial, legal and administrative processing of a procurement and to legally obligate the Commission as a party to a contract. The Contracting Officer may delegate elements of his or her authority to staff members for the purpose of managing a solicitation and processing a procurement.

 

Cost Reimbursement Contract - A contract that provides for payment of contractor-incurred costs of performance that are allowable to the extent permitted by the terms of the contract.

 

Debar - An action taken by the Commission to exclude a contractor from contracting and subcontracting for a specified period. An excluded contractor is considered "debarred."

 

Discussions - The conduct of oral or written communications regarding the content of a proposal. These communications include negotiations regarding terms, conditions, price, and other matters pertaining to a procurement with prospective contractors that have submitted proposals in response to a request for proposals (RFP).

 

Dispute - A material disagreement between the Commission and the contractor regarding matters arising under the contract or relating to the contract that may result in a claim.

 

Expert - A person or firm with special 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 a particular field of activity, or of a specialized area within the field, are clearly superior to those usually possessed by ordinarily competent persons in that activity. The qualifications of such persons or firms are such that they are regarded as authorities or practitioners of unusual competence and skill by other persons in the profession, occupation, or activity. Special licenses and advanced degrees in the profession are usually evidence of such qualifications.

 

Firm-Fixed Price Contract - A contract where the total obligation of the Commission is defined and not subject to change or adjustment on the basis of the contractor's cost experience. Price adjustments may be made on the basis of amendments issued by the Commission.

 

Ineligible - Any current or prospective contractor excluded from D.C. contracting or subcontracting under the authority of a Federal statute or regulation applicable to the District (such as the Davis Bacon Act, 40 U.S.C. §§ 276(a) et. seq.; the Service Contract Act, 41 U.S.C. §§ 351-358; or the Equal Employment Opportunity Act of 1972, 5 U.S.C. §§ 5108, 5313 et seq., and 42 U.S.C. § 2203) or excluded under the authority of a District statute or regulation. The term includes contractors included on The List of Parties Excluded from Federal Procurement and Nonprocurement Programs maintained by the General Services Administration (GSA).

 

Local, Small, and Disadvantaged Business Enterprises - For Commission procurement, the term "Local, Small, and Disadvantaged Business Enterprises" shall be governed by the provision of the Equal Opportunity Local, Small, and Disadvantaged Business Enterprise Act of 1999, D.C. Law 12-268.

 

Maximum Practical Competition - Full and free competition encouraging all responsible contractors to compete for Commission requirements. Consideration may be given to the estimated value, complexity, and schedule requirements of the Commission.

 

Negotiated Contracts - Contracts resulting from an RFP under which sealed proposals (binding legal offers) have been submitted by prospective contractors. Negotiated contracts may be awarded on the basis of the initial offers received in response to the RFP without conducting discussions with the offerors, or after establishing a competitive range and conducting confidential discussions with offerors included in the competitive range.

 

Request for Quotation (RFQ) - An inquiry by a Commission representative seeking information from prospective contractors regarding price or cost of supplies or services and terms of sale. An RFQ is not a solicitation for a contract.

 

Responsible Contractor - A contractor that possesses the capability to perform the required contract. Elements of capability include adequate facilities, personnel, finances, record of performance, and business ethics. Responsibility may also include any special requirements included in the solicitation such as licenses, permits, and business size. A contractor that is debarred, suspended, or ineligible is not a responsible contractor.

 

Simplified Acquisition - The acquisition of supplies and services using streamlined and expeditious methods in an aggregate amount not exceeding the simplified acquisition ceiling set forth in these regulations.

 

Solicitation - An RFP that invites prospective contractors to submit offers to satisfy a Commission procurement requirement.

 

Small Business Competition - A procurement that is reserved for exclusive participation by small business firms as defined under the Equal Opportunity for Local, Small, and Disadvantaged Business Enterprises Act of 1999, D.C. Law 12-268.

 

Suspension - An action by the Commission to disqualify a contractor temporarily from contracting and approved subcontracting for the purpose of protecting the integrity of Commission contracting pending a decision to debar the contractor.

 

source

Final Rulemaking published at 42 DCR 5126 (September 8, 1995); as amended by emergency Rulemaking published at 45 DCR 6356 (September 4, 1998)[EXPIRED]; as amended by emergency Rulemaking published at 47 DCR 913 (February 11, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 2600 (April 14, 2000).