Section 27-4013. NONCONFORMING GOODS, SERVICES, OR CONSTRUCTION

 

4013.1Except as provided in §§4013.5 and 4013.6, the contracting officer shall reject goods, services, or construction which do not conform in all respects to contract requirements.

 

4013.2The contractor shall be given an opportunity to correct or replace nonconforming goods, services, or construction when the correction or replacement can be accomplished within the required delivery or performance schedule.

 

4013.3Unless the contract specifies otherwise, correction or replacement shall be done without additional cost to the District.

 

4013.4In situations not covered by §4013.2, the contracting officer shall reject the goods, services, or construction when the nonconformance adversely affects safety, health, reliability, durability, performance, or any other basic objective of the specification.

 

4013.5In situations not covered by §4013.2, nonconforming goods, services, or construction may be accepted by the contracting officer if the contracting officer determines that acceptance is in the best interests of the District.

 

4013.6In situations not covered by §4013.2, the contracting officer shall consider the following when making a determination whether nonconforming items will be accepted:

 

(a)Advice of the using agency technical personnel that the material is safe to use and will perform its intended purpose;

 

(b)Information regarding the nature and extent of the nonconformance;

 

(c)A request from the contractor for acceptance of the goods, services, or construction, if feasible;

 

(d)A recommendation by the contract administrator for acceptance or rejection, with supporting rationale; and

 

(e)The contract adjustment considered appropriate, including any adjustment offered by the contractor.

 

4013.7The contract administrator shall furnish the data required in §4013.6 to the contracting officer in writing. When it is in the best interests of the District, the data may be furnished verbally and later confirmed in writing.

 

4013.8Before making a decision to accept nonconforming items, the contracting officer shall obtain the written concurrence of the head of the using agency, or the agency head's designee.

 

4013.9The contracting officer shall discourage the repeated tender of nonconforming items by appropriate action, including rejection of nonconforming items, when appropriate, and documentation of the contractor's performance record.

 

4013.10Except when the nonconformity is minor, each contract under which nonconforming items are accepted shall be modified by the contracting officer to provide for an equitable price reduction or other consideration.

 

4013.11When the contracting officer rejects nonconforming goods, services, or construction, the contracting officer shall issue a notice of rejection in writing and include the reasons for rejection. The notice of rejection shall be issued to the contractor within five (5) working days of the rejection.

 

source

Final Rulemaking published at 35 DCR 1721 (February 26, 1988).