Section 5-D111. CONTRACT TYPES

 

111.1The type of contract awarded by the Office will generally depend on factors such as the particular goods or services to be acquired, whether the costs of the goods or services can be estimated in advance with reasonable accuracy, and the degree to which the precise nature and extent of the contract work is known at the time of award.

111.2The Office may use a variety of contract types, including: 

(a)Fixed price contracts (fixed price contracts will generally be used in connection with the Design-Bid-Build delivery method pursuant to Section 114.3(a), purchases of discrete and identifiable goods or assets, and for other appropriate purchases);

(b)Cost reimbursement contracts (cost reimbursement contracts will generally be used in connection with the Construction Manager at Risk, Construction Manager with Design Assist, Design Build; and Modified Design-Build delivery methods pursuant to Section 114.3(b)-(e) and for other appropriate purchases) ;

(c)Delivery order contracts; and

(d)Time-and-materials or labor hours contracts. 

111.3The Office may also award any alternative type of contract that will produce reasonable value in the context of a particular procurement.  However, the Office may not award cost-plus-percentage-of-cost contracts

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authority

The Director of the Office of Public Education Facilities Modernization, pursuant to section 702(b) of the District of Columbia Public Education Reform Amendment Act of 2007 (Act), effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-451(b)) (2007 Supp.).

source

Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11198 (November 26, 2010).