Section 27-2202. APPLICATION OF GENERAL STANDARDS

 

2202.1As prescribed in chapter 43 of this title, the contracting officer shall investigate and determine whether the contractor is eligible to receive an award under the Walsh- Healey Act, 41 U.S.C. §§35-45, and shall not rely on the contractor's representation, if either of the following apply:
 

(a)A protest of eligibility has been lodged in accordance with federal law and regulations; or

 

(b)The contracting officer has reason to doubt the validity of the representation.

 

2202.2Except to the extent that a prospective contractor has sufficient resources, the contracting officer shall require, and the prospective contractor shall promptly provide, acceptable evidence of the prospective contractor's ability to obtain resources.

 

2202.3Acceptable evidence of the prospective contractor's ability to obtain resources, as specified in §2200.4, shall consist of a commitment or explicit arrangement that will be in existence prior to the time of contract award to rent, purchase, or otherwise acquire the needed facilities, equipment, personnel, or other resources.

 

2202.4A prospective contractor that is or recently has been seriously deficient in contract performance shall be presumed to be nonresponsible. The contracting officer may determine the contractor to be responsible if the circumstances of the prior deficiency were properly beyond the contractor's control or if the contractor has taken appropriate corrective action.

 

2202.5An affiliated business shall be considered a separate entity in determining whether the business that is to perform the contract meets the applicable standards of responsibility. However, the contracting officer shall consider an affiliate's past performance and integrity when they may adversely affect the prospective contractor's responsibility.

 

2202.6If a bid or offer of a certified minority business that would otherwise be accepted is to be rejected because of a determination of nonresponsibility, the contracting officer shall refer the matter to the Department of Small and Local Business Development (“DSLDB”). Within ten (10) working days, the DS:DB shall provide any evidence it deems appropriate relevant to the responsibility of the certified minority business. The contracting officer shall consider any evidence provided by the DSLDB in deciding whether to issue a determination of nonresponsibility pursuant to §2205.2.

 

source

Final Rulemaking published at 35 DCR 1526 (February 26, 1938).