Section 19-4369. CONTRACT ADMINISTRATION

 

4369.1The CCO may delegate contract administration functions to the appropriate program office within the Library.

 

4369.2The CCO shall advise the contractor of all delegated contract administration functions by providing the identification and location of the person delegated contract administration responsibilities within each contract.

 

4369.3The CCO may delegate the following functions to a contract administration office within the Library:

 

(a)Determining the allowability, suspension or disapproval of costs;

 

(b)Approving or disapproving of contractor invoices;

 

(c)Reviewing and approving or disapproving the contractor's requests for payments under progress payments or performance-based payment structures;

 

(d)Allowing or disapproving Library property administration;

 

(e)Monitoring contractor performance to ensure the submission of deliverables; and

 

(f)Preparing evaluations of contractor performance.

 

4369.4The CCO may issue a stop-work order at any time to suspend work pending a decision by the Procurement Executive of the Library.

 

4369.5The decision to issue a stop-work order shall be approved by a level higher than the CCO and shall not be used in place of a termination notice after a decision to terminate has been made.

 

4369.6Stop-work orders shall include the following:

 

(a)A description of the work to be suspended:

 

(b)Guidance to the contractor on any action taken to be taken on any subcontracts; and

 

(c)Any other suggestions to the contractor to minimize costs.

 

4369.7As soon as feasible after a stop-work order is issued, but before its expiration, the CCO shall take appropriate action to do one of the following:

 

(a)Terminate the contract;

 

(b)Cancel the stop-work order; or

 

(c)Extend the period of the stop-work order, if necessary.

 

4369.8The CCO shall settle contract claims resulting in interruptions or delay of work caused by acts or failures of the Library.

 

4369.9The CCO shall include clauses in solicitations and contracts for Suspension of Work, Stop-Work Orders and Library Delay of Work.

 

4369.10At reasonable times and places, the Library or its designated agent may audit the books and records of any contractor, subcontractor, prospective contractor, or prospective subcontractor which is related to any contract with the Library when the Library has reason to believe one of the following circumstances may exist:

 

(a)A question as to the adequacy of accounting policies or cost systems;

 

(b)A substantial change in the methods or levels of operation;

(c)Previous unfavorable experience indicating doubtful reliability of estimating, accounting or procurement methods;

 

(d)A lack of cost experience due to the procurement of a new supply or service; or

 

(e)Other evidence that an audit is in the Library's best interests as determined by the CCO.

 

4369.11Books or records shall be maintained by a contractor or subcontractor for a period of three (3) years from the date of final payment.

 

4369.12When the CCO requires an audit of a Library contractor, the Library may procure the services of an independent certified public accountant (CPA) firm to perform the audit or audit review. The audit or audit review shall be conducted in accordance with generally accepted accounting principles, and shall include any tests necessary to render a CPA firm's opinion on the fairness of the contractor's financial presentation.

 

source

Final Rulemaking published at 55 DCR 493 (January 18, 2008).