Section 19-2818. STANDARD CONTRACT CLAUSES AND CONTRACT COMPLIANCE

 

2818.1All Board contracts for supplies, services, and construction shall include standard contract clauses and contract compliance provisions which define the responsibilities and rights of the parties to the contract.

 

2818.2The CCO may exercise the option to renew a contract a maximum of two (2) times, provided the total contract period does not exceed four (4) years, pursuant to the following circumstances:

 

(a)The contract renewal provision was included in the original solicitation with optional year cost proposal;

 

(b)Contractor has demonstrated satisfactory performance; and

 

(c)A price analysis, if considered appropriate by the CCO, indicates that the cost remains competitive.

 

2818.3The following shall be standard contract provisions for Board procurements to be included in all formal solicitations:

 

(a)Changes and stop work order clauses;

 

(b)Changes in financial condition clause;

 

(c)Disputes clause;

 

(d)Patents clause;

 

(e)Responsibility for supplies clause;

 

(f)Terms of payment clause;

 

(g)Assignment and waiver clauses;

 

(h)Multi-year contract clause;

 

(i)Retention of records clause;

 

(j)Shipping instructions clause;

 

(k)Indemnification clause;

 

(l)Termination clauses for default and convenience;

 

(m)Inspection clauses for supplies and services; and

 

(n)Cost principles clause.

 

2818.4The following shall be standard contract compliance provisions to be required in all Board solicitations:

 

(a)Laws and regulations incorporated by reference provision;

 

(b)Audits and tax exemption provisions;

 

(c)Anti-competitive practices and anti-kickback provisions;

 

(d)Recognition of labor unions provision;

 

(e)Ethical standards for Board employees and former Board employees provision;

 

(f)Gratuities and officers not to benefit provisions;

 

(g)Covenant against contingent fees provision;

 

(h)Non-discrimination in employment provision;

 

(i)Buy American Act provision;

 

(j)Walsh Healey Public Contracts Act provision;

 

(k)Service Contract Act of 1965 provision;

 

(l)Utilization of minority business enterprises provision;

 

(m)Utilization of District-based enterprises provision; and

 

(n)Appointment of attorney provision.

 

2818.5The Board may, in its sole discretion, include any other contract clause or provision in any IFB or RFP issued by the Board.

 

2818.6Any contract clause or provision that is included in the IFB or RFP shall be incorporated into and made a part of the contract that arises out of the IFB or RFP, unless the contract contains an express provision excluding the incorporation of any particular clause or clauses from the contract.

 

source

Final Rulemaking published at 37 DCR 4081, 4102-04 (June 22, 1990).