Section 27-4706. RESPONSIBILITY

4706.1 To receive a contract from the Department, a contractor must be responsible.  To be considered responsible, a contractor must: 

 

(a) Have or can obtain the necessary financial, technical, organizational, experience, accounting, operational control skills, resources, and the facilities and equipment necessary to perform the contract in accordance with its terms;

 

(b) Be able to comply with the proposed delivery or performance schedule;

 

(c) Have a satisfactory performance record;

 

(d) Have a satisfactory record of integrity and business ethics;

 

(e) Have not exhibited a pattern of overcharging the District;

 

(f) Have a satisfactory record of compliance with the law;

 

(g) Have not been suspended, debarred, or otherwise ineligible to receive contracts from the District Government or the federal Government;

 

(h) Meet any other qualification criteria that may be imposed by applicable laws or regulations; and

 

(i) Provide adequate evidence that he or she has paid and filed all applicable District of Columbia and federal taxes and tax returns.

 

4706.2 Prior to awarding a contract in excess of one hundred thousand dollars ($100,000), the Contracting Officer shall determine whether the contractor is responsible.  The Contracting Officer shall require prospective contractors to provide information regarding their responsibility to the Department and to certify the accuracy of such information. 

 

4706.3 The responsibility of prospective contractors shall be determined on a solicitation-by-solicitation basis. 

 

4706.4 The Contracting Officer shall make a written determination if the contractor is found to be non-responsible.  Depending on the level of formality of the contract and at the Contracting Officer’s discretion, the Contracting Officer may make a written determination if the contractor is found to be responsible.

 

4706.5 In evaluating a prospective contractor’s responsibility, a Contracting Officer may request information from the contractor and may also consider information available from other sources, including the general public.  Where necessary, the Contracting Officer may also perform a pre-award survey involving interviews with contractor personnel or visits to the contractor’s facilities.  Information on the capabilities and suitability of proposed subcontractors also may be considered in evaluating responsibility.

authority

The Interim Director of the Department of General Services (Department), pursuant to section 1106(a)(2) of the Procurement Practices Reform Act of 2010, effective April 8, 2011(D.C. Law 18-371; D.C. Official Code § 2-361.06(a)(2))(2011 Repl.); sections 1025(a) and 1029 of the Department of General Services Establishment Act of 2011, effective September 14, 2011(D.C. Law 19-21; 58 DCR 6226); and Mayor’s Order 2011-168, dated October 5, 2011.

source

Notice of Emergency and Proposed Rulemaking published at 58 DCR 8805 (October 14, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 59 DCR 985, 989 (February 10, 2012).