Section 27-3600. GENERAL PROVISIONS

 

3600.1Only a contracting officer acting within the scope of the contracting officer's delegated contract authority is authorized to execute a contract modification on behalf of the District. Other District personnel shall not:

 

(a)Execute contract modifications;

 

(b)Act in a manner that causes a contractor to believe that they have authority to bind the District; or

 

(c)Direct or encourage a contractor to perform work that should be the subject of a contract modification.

 

3600.2A contract modification, including a change issued unilaterally by the District, shall be priced and a government estimate shall be prepared before signature by the parties, unless the interest of the District would be adversely affected. If a significant cost increase could result from a contract modification and time does not permit negotiation of a price, the contracting officer shall negotiate a maximum contract price increase and include that price in the modification.

 

3600.3The contracting officer shall not execute a contract modification, including a change order, which causes or will cause an increase in the funding level of the contract without having first obtained a certification of the availability of funds. The certification shall be based on the negotiated price or the negotiated maximum price.

 

3600.4A modification to a contract may be executed without having first obtained the certification required under § 3600.3 if the modification includes a clause, approved by the Director, which conditions payment upon the availability of funds.

 

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)(2011 Repl.)).

source

Final Rulemaking published at 35 DCR 1684 (February 26, 1988); as amended by Final Rulemaking published at 59 DCR 14956 (December 21, 2012).