Section 19-4385. ADVANCE PAYMENTS FOR BOOKS FROM BIRTH PROGRAM

 

4385.1The DCPL Chief Procurement Officer (“CPO”) may authorize advance payments to a responsible contractor who is a provider for the Books from Birth program upon the determination that such advance payments are appropriate and necessary to achieve the goals of the Books from Birth program.

 

 

4385.2The CPO shall not authorize the use of advance payments unless the following criteria are met:

 

(a)The contractor has a need for contract financing in order to fulfill the contract;

 

(b)The contractor is unable to obtain private financing or private financing is insufficient;

 

(c)Use of progress payments would be insufficient to meet the contractor's financing needs; and

 

(d)The use of advance payments would be in the best interests of the District;

4385.3Before authorizing any advance payments allowed under this section, the DCPL CPO complete a written determination and findings which sets forth the contracting officer's findings on each of the criteria set forth in § 4385.2.

 

4385.4If a contractor requesting advance payments is also receiving advance payments under another District contract, the DCPL CPO shall include this information in the determination and findings, and shall consider the additional financial risk to the District when making his or her recommendation.

 

4385.5If the request for advance payments is approved, the DCPL CPO shall ensure that the advance payments do not exceed three (3) months of payments within the annual contract.

 

4385.6The contractor shall submit an invoice for the proposed amount of the advance based on estimated costs before the advance is issued.  Once the advance has been issued, the contractor shall submit invoices of the actual cost incurred on a monthly basis or as determined by the DCPL CPO.

 

4385.7 When advance payments are made under a contract, the contract administrator shall closely monitor the performance of the contractor and the contractor's financial condition. A contractor receiving advance payments shall be subject to audit at any time, as determined by the DCPL CPO or contract administrator.

 

4385.8The DCPL CPO may suspend or terminate advance payments if the contractor fails to account adequately for the use of advance funds or fails to use the funds to meet obligations related to the contract, including but not limited to the following:

 

(a)Failure to pay wages due to contract personnel;

 

(b)Failure to escrow withholding and payroll taxes and make required periodic tax deposits; or

(c)Any other failure to meet any other financial obligation under the contract for which advance payments are intended.

 

4385.9At the end of each fiscal year, the contractor shall refund DCPL any monies owed as a result of advance payments issued to the contractor.

 

4385.10The DCPL CPO shall charge interest on the daily balance of the advance payments due to be refunded to DCPL at the rate of interest the District allows in judgments and decrees as set forth in the D.C. Official Code §28-3302(c) (1981 ed.), unless the balance is repaid within thirty (30) days of the end of the fiscal year.

 

4385.11The DCPL CPO shall not allow interest charges for advance payments as reimbursable costs under cost-reimbursement contracts, whether the interest charge was incurred by the prime contractor or a subcontractor.

 

 

authority

An Act to establish and provide for the maintenance of a free public library and reading room in the District of Columbia, approved June 3, 1896, as amended (29 Stat. 244, ch. 315, § 5; D.C. Official Code § 39-105 (2012 Supp.)); Section 3205 (jjj) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 39-105 (2012 Supp.)); Section 2 of the District of Columbia Public Library Board of Trustees Appointment Amendment Act of 1985, effective September 5, 1985 (D.C. Law 6-17; D.C. Official Code § 39-105 (2012 Supp.)); the Procurement Reform Amendment Act of 1996, effective April 12, 1997, as amended (D.C. Law 11-259; 44 DCR 1423 (March 14, 1997)); and Section 156 of An Act Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes, approved October 21, 1998 (112 Stat. 2681, Pub. L. 105-277; codified at D.C. Official Code § 39-105 (2012 Repl.)).

source

Final Rulemaking published at 64 DCR 1378 (February 10, 2017).