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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 27. CONTRACTS AND PROCUREMENT |
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Chapter 27-22. CONTRACTORS |
Section 27-2219. DEBARMENT PROCEEDINGS FOR UNSATISFACTORY PERFORMANCE
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2219.1Each contractor’s performance shall be evaluated and graded after expiration or termination of each contract.
2219.2A contractor may receive one (1) of the following performance grades in a final evaluation letter:
(a) A (Excellent), which shall have a numeric value of four-point-zero (4.0);
(b) C (Satisfactory), which shall have a numeric value of two-point-zero (2.0); or
(c) F (Unsatisfactory), which shall have a numeric value of zero (0).
2219.3 If a contractor receives a final grade of F on a contract, the Director shall determine a cumulative grade by averaging all of the grades that the contractor has received on the performance of its contracts for the preceding twelve (12) month period. If the average grade for the preceding twelve (12) month period equals one-point-nine (1.9) or below, that cumulative grade shall be considered a grade of F, and the Director shall initiate debarment proceedings against the contractor.
2219.4The Director shall initiate debarment proceedings against a contractor by notifying the contractor by certified mail, return receipt requested, of the following:
(a)The contractor has received a grade of F as its cumulative grade;
(b)The contractor may, within fifteen (15) days after receipt of the notice, file a written appeal of the cumulative grade to the Director;
(c)If the contractor files a written appeal, the Director will review the cumulative grade and make a final written decision on the contractor’s cumulative grade;
(d)In making its appeal, the contractor may submit in person, in writing, or through a representative, information and argument in opposition to the proposed cumulative grade of F, including any additional specific information that raises a genuine issue of fact; and
(e) If the contractor fails to file a written appeal within fifteen (15) days after receipt of the notice, the contractor will be subject to the same consequences of debarment as described in § 2212 for a one (1)-year period, which shall commence on the sixteenth (16th) day after the date of the notice.
2219.5The Director shall include a copy of the final evaluation letter and the contractor evaluation(s) which resulted in the contractor receiving a cumulative grade of F with the notice provided pursuant to § 2219.4.
2219.6If the contractor timely files an appeal with the Director, the Director shall issue his or her final decision on the matter within fifteen (15) days after receipt of the contractor’s appeal. The Director shall base his or her decision on the facts as found together with any information and argument submitted by the contractor.
2219.7If the Director in his or her final decision decides not to change the contractor’s cumulative grade of F, the Director shall notify the contractor by certified mail, return receipt requested. The final written decision shall include:
(a)A copy of the final written decision;
(b)Notice to the contractor of its right to appeal the final decision to the Contract Appeals Board (CAB) within thirty (30) days after receipt of the final decision;
(c)A statement that the contractor will be subject to the same consequences of debarment as described in § 2212 of this chapter for a one (1)-year period; and
(d)A statement that the debarment period shall commence on the thirty-first (31st) day after the date of the final written decision if the contractor chooses not to appeal the final decision, or the day after the CAB dismisses or denies the contractor’s appeal.
2219.8If the Director in his or her final decision decides to change the cumulative grade of F, the Director shall notify the contractor of his or her decision by certified mail, return receipt requested.
2219.9A contractor who has received a cumulative grade of F shall remain eligible to apply for or work on any District contract until the CAB appeal concludes.
2219.10The Director shall ensure that debarred contractors are included on the consolidated list of debarred, suspended, and ineligible contractors maintained pursuant to § 2211.