Section 30-2012. SPECIAL CONTRACTING METHODS

 

2012.1Unless restricted in an appropriations act, a contract for supplies, services, or other items may be entered into for periods which extend beyond the fiscal year in which the contract is executed.

 

2012.2Before the utilization of a multiyear contract, the Director of Procurement or his or her designee shall determine the following:

 

(a) That estimated requirements cover the period of the contract and are reasonably firm and continuing; and

 

(b) That a multiyear contract will serve the best interests of the Agency, and will encourage effective competition or will otherwise promote economies in procurement by the Agency.

 

2012.3Except for contracts authorized by law which are not subject to appropriations, if funds are not appropriated or made available for the continued performance in a subsequent year of a multiyear contract, the contract for the subsequent year shall be terminated, either automatically or in accordance with the termination clause of the contract, if any.

 

2012.4Unless otherwise provided for in the contract, the effect of termination is to discharge both the Agency and the contractor from future performance of the contract, but not from their existing obligations. The contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the supplies or services delivered under the contract.

 

2012.5The provisions of Chapter 20 of Title 27 DCMR shall apply to procurement by the Agency, except as provided in this section.

 

source

Final Rulemaking published at 36 DCR 6681, 6689 (September 22, 1989).