Section 30-2019. CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS  


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    2019.1In all construction contracts estimated to exceed fifty thousand dollars ($50,000), the Director of Procurement shall ensure that contract clauses regarding the following are included:

     

    (a) Termination for the convenience of the Agency;

     

    (b) Termination for default;

     

    (c) Liquidated damages;

     

    (d) Excuses for nonperformance;

     

    (e) Changes orders;

     

    (f) Differing site conditions from those indicated in the specifications;

     

    (g) Suspension of work; and

     

    (h) Disputes.

     

    2019.2Each supplemental agreement, change order, or adjustment in contract price shall be subject to prior written approval by the Director of Procurement, who shall certify the availability of funding authority and describe the effect of the modification, change, or adjustment on the project budget or total construction cost.

     

    2019.3If the certification required under §2019.2 discloses a resulting increase in the project budget or total construction cost, there shall be no modification, change, or adjustment unless sufficient funding authority is made available or the scope of the project is adjusted to permit completion of the project within the project budget.

     

    2019.4The provisions of Chapter 26 of Title 27 DCMR shall apply to procurement by the Agency, except as provided in this section. The provisions of the construction regulations shall apply to non-capital construction, including renovations and major repairs.

     

source

Final Rulemaking published at 36 DCR 6681, 6694 (September 22, 1989).