Section 27-2204. OBTAINING INFORMATION FOR DETERMINATION OF RESPONSIBILITY

 

2204.1Before making a determination of responsibility, the contracting officer shall possess or obtain information sufficient to satisfy the contracting officer that a prospective contractor currently meets the applicable standards and requirements for responsibility set forth in this chapter.

 

2204.2The contracting officer shall obtain information regarding the responsibility of a prospective contractor who is the apparent low bidder or whose offer is in the competitive range. This information shall be obtained promptly after bid opening or receipt of offers.

 

2204.3The prospective contractor shall promptly supply information requested by the contracting officer regarding the responsibility of the prospective contractor.

 

2204.4If the prospective contractor fails to supply the information requested under §2204.3, the contracting officer shall make the determination of responsibility or nonresponsibility based upon available information. If the available information is insufficient to make a determination of responsibility, the contracting officer shall determine the prospective contractor to be nonresponsible.

 

2204.5The contracting officer shall use the following sources of information, as appropriate, to support determinations of responsibility or nonresponsibility:

 

(a)A consolidated list (maintained pursuant to §2211.1) of debarred, suspended, and ineligible contractors maintained by the Director;

 

(b)Records and experience data, including verifiable knowledge of District personnel;

 

(c)Information supplied by the prospective contractor, including bid or proposal information, questionnaire replies, financial data, information on production equipment, and personnel information;

 

(d)Preaward survey reports; and

 

(e)Other sources, such as publications, suppliers, subcontractors, and customers of the prospective contractor, financial institutions, government agencies, and business and trade associations.

 

2204.6Any prospective contractor who submits a bid or proposal for any contract exceeding one hundred thousand dollars ($100,000) shall submit an affidavit indicating whether the prospective contractor has complied with the filing requirements of District of Columbia tax laws, and whether the prospective contractor has paid taxes due to the District of Columbia or is in compliance with any payment agreement with the Office of Tax and Revenue. The affidavit shall be in a form approved by the Director of the Office of Tax and Revenue and shall acknowledge the penalty provided by law for making false statements.

 

2204.7Before making an affirmative determination of responsibility for any contract exceeding one hundred thousand dollars ($100,000), the contracting officer shall obtain certification from the Department of Tax and Revenue that the prospective contractor has complied with the filing requirements of District of Columbia tax laws, and that the prospective contractor has paid taxes due to the District of Columbia or is in compliance with any payment agreement with the Office of Tax and Revenue.

 

2204.8Contracting officers and contract administrators who become aware of circumstances casting doubt on a contractor's ability to perform a contract successfully shall promptly inform the contracting officer and furnish the relevant information in writing.

 

source

Final Rulemaking published at 35 DCR 1528 (February 26, 1988).