Section 22-B9810. DELIVERY AND PERFORMANCE

 

9810.1The Hospital shall ensure that a delivery or performance schedule is practical, given the need of the Hospital, and takes into account factors which impact the delivery or performance and meets the requirements of the procurement.

 

9810.2A solicitation shall inform bidders or offerors of the basis on which their bids or proposals will be evaluated with respect to time of delivery or performance.

 

9810.3If a contractor fails or refuses to perform the work or services or make delivery of the supplies or complete installation thereof to meet the requirements of the procurement, such contractor shall be liable to the Hospital for any excess cost the Hospital is reasonably expected to incur, except when non-delivery is due to unforeseen causes beyond the control and without the fault or negligence of the contractor.

 

9810.4A contractor must specify reason in writing.

 

9810.5A variation in the cost in a fixed-price contract, and supply contracts may be accepted by the Hospital if the variation is caused by conditions of loading, shipping, packing, or allowances in manufacturing processes, and shall not proceed plus or minus 10%, unless a different limitation is established by the CO.

 

9810.6The overrun or underrun permitted in each contract shall be based upon the normal commercial practices of a particular industry for a particular item, and the permitted percentage shall be no larger than is necessary to afford a contractor reasonable protection.

 

9810.7When the variation between the estimated quantity and the actual required quantity of a unit-priced item in a fixed price construction contract is more than plus or minus fifteen percent (15%), an equitable adjustment in the contract price shall be made upon demand of either the CO or the contractor. The CO shall base the adjustment on the increase or decrease in the contractor’s costs due to the variation in quantity.

 

9810.8The contractor may request an extension of time if the quantity variation will increase the time necessary for completion of the contract. The contractor shall ensure that the CO receives the request no later than ten (10) days after the beginning of the period of delay.

 

9810.9The CO may issue a stop work order, when appropriate, if work stoppage is required to protect the best interest of the Hospital in circumstances such as advancement in the state-of-the-art production, engineering breakthroughs, realignment of programs, or for any other reason determined to be in the best interest of the Hospital.

 

9810.10The CO may issue a stop work order only if it is advisable to suspend work pending the CO’s decision regarding continuation of the work and a contract modification providing for the suspension is not feasible.

 

9810.11Promptly after issuing the stop work order, the CO shall discuss the stop work order with the contractor and may, if necessary, modify the order based on the discussion.

 

9810.12If the contractor believes that the stop work order is unreasonable the contractor may submit a written claim for increases in the cost of performance due to the stoppage, excluding profit.

 

9810.13As soon as feasible after a stop work order is issued, but before its expiration, the CO shall take appropriate action to do one (1) of the following:

 

(a)Terminate the contract;

 

(b)Cancel the stop work order; or

 

(c)If necessary, extend the period of the stop-work order.

 

source

Final Rulemaking published at 41 DCR 4508, 4557 (July 8, 1994).