Section 27-1901. EXPERT AND CONSULTING SERVICES  


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    1901.1A contracting officer may contract for expert and consulting services when essential to the agency’s mission, when necessary to comply with a court order, or when those services would improve the agency’s effectiveness or economy of operations.  Expert and consulting services may include, but are not limited to, the following:

     

    (a) Specialized opinions or professional or technical advice not available within the agency or from another District agency;

     

    (b) Outside points of view, to avoid too limited a judgment on critical issues;

     

    (c)Advice on developments in industry, university, or foundation research;

     

    (d) The opinions, special knowledge, or skills of noted experts;

     

    (e)Assistance with the understanding of, and development of alternative solutions to, complex issues;

     

    (f) Advice on making the operation of managerial or hardware systems more efficient or effective; or

     

    (g) Citizen advisory participation in developing or implementing District programs that by their nature or by statutory provision require citizen participation.

     

    1901.2Except as provided in § 1901.4, a contracting officer shall not contract for expert or consulting services for any of the following purposes:

     

    (a)To perform work of a policy-making, decision-making, or managerial nature that is the direct responsibility of agency officials;

     

    (b)To bypass or undermine personnel ceilings, pay limitations, or competitive employment procedures; or

     

    (c)To specifically aid in influencing or enacting legislation in the Council of the District of Columbia.

     

    1901.3Except as provided in § 1901.4, the contracting officer shall ensure that a contract for expert or consulting services does not establish or allow any of the following:

     

    (a)An employer-employee relationship between the District and the contractor;

     

    (b)Detailed control or supervision by District personnel of the contractor or its employees with respect to the day-to-day operations of the contractor or the methods of accomplishment of the services;

     

    (c)A regularly established tour of duty for the contractor; or

     

    (d)Supervision of District employees by the contractor.

     

    1901.4When an expert or consultant is engaged by a court-appointed receiver or, upon review by and the concurrence of the Attorney General, by any other contracting officer pursuant to or in order to comply with a court order, §§ 1901.2 and 1901.3 shall not apply.

     

    1901.5The contracting officer shall not award a contract for consulting or expert services in a manner that gives preferential treatment to former District employees. 

     

     

authority

Sections 204 and 1106 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code §§ 2-352.04 and 2-361.06 (2012 Repl.)).

source

Final Rulemaking published at 35 DCR 1489 (February 26, 1988); as amended by Emergency and Proposed Rulemaking published at 47 DCR 8590 (October 20, 2000) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 48 DCR 548 (January 19, 2001) [EXPIRED]; as amended by Final Rulemaking published at 62 DCR 8047 (June 5, 2015).