Section 30-2001. GENERAL PROCUREMENT POLICIES  


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    2001.1Except as otherwise authorized under this chapter, all contracts let by the Agency shall be awarded by one (1) of the following methods:

     

    (a) Competitive sealed bidding pursuant to Chapter 22;

     

    (b) Competitive sealed proposals pursuant to Chapter 23;

     

    (c) Sole source and emergency contracts pursuant to Chapter 24; or

     

    (d) Small purchase procedures pursuant to Chapter 25.

     

    2001.2In accordance with D.C. Code §2-2536(b) (1994 Repl. Vol.), all contracts in excess of one thousand dollars ($1,000) awarded to any private business or other entity for the operation of any gambling form shall be awarded by competitive sealed bidding, pursuant to Chapter 22 of this title, or competitive sealed proposals, pursuant to Chapter 23 of this title, in accordance with the provisions of §§2200 and 2300, unless the use of sole source or emergency procurement procedures pursuant to Chapter 24 of this title is appropriate.

     

    2001.3Each contract or duty under this chapter shall impose an obligation of good faith in its performance or enforcement. For the purposes of this chapter, the term "good faith" shall mean honesty in fact in the conduct or transaction concerned and the observance of reasonable commercial standards of fair dealing.

     

    2001.4Each determination required under this chapter shall be in writing and based upon written findings of the Agency employee making the determination. Each written determination and findings ("D&F") shall be retained in the official contract file.

     

    2001.5Except as provided in this chapter, a contract which is entered into in violation of this chapter is void, unless it is determined by the Board or by subsequent judicial review that good faith has been shown by all parties, and there has been substantial compliance with the provisions of this chapter.

     

    2001.6If a contract is void under §2001.5, a contractor that has entered into the contract in good faith and has not directly contributed to a violation or had knowledge of any violation of the provisions of this chapter prior to the awarding of the contract, shall be compensated for costs actually incurred.

     

    2001.7The procurement business of the Agency shall be conducted in a manner above reproach and, except as authorized by law, with complete impartiality and with preferential treatment for none.

     

source

Final Rulemaking published at 36 DCR 6681, 6682 (September 22, 1989); as amended by Final Rulemaking published at 40 DCR 6963 (October 1, 1993).