D.C. Mun. Regs. tit. 22, r. 22-B9808

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 22-B9808 - USE OF HOSPITAL PROPERTY AND SOURCES BY CONTRACTORS

9808.1

When it is in the best interest of the Hospital, and if supplies or services required in the performance of a Hospital contract are available from Hospital property or Hospital supply sources, COs may authorize contractors and subcontractors to use these sources in their performance.

9808.2

The CO may include in the authorization to use Hospital supply sources, any limitations or conditions deemed necessary.

9808.3

Facilities shall be provided to a contractor or subcontractor only under a facilities contract using appropriate contract clauses prescribed by the Executive Director. All facilities provided by the Hospital for use by a contractor at a single place or general location shall be governed by a single facilities contract, unless the Executive Director determines that it is impractical.

9808.4

No fee shall be allowed under a facilities contract.

9808.5

The contractor shall be directly responsible and accountable for all Hospital property in accordance with the provisions of the contract, including all Hospital property in the possession or control of a subcontractor. The contractor shall maintain and make available all property control records required under this section and account for all Hospital property until relieved of the responsibility by the CO under the terms of the contract or this section.

9808.6

Unless the contract or CO provides otherwise, the contractor shall be relieved of property control responsibility for Hospital property by the occurrence of any of the following:

(a) Reasonable and proper consumption of property in the performance of the contract as determined by the CO;

(b) Retention by the contractor, with the approval of the CO, of property for which the Hospital has received adequate consideration;

(c) The authorized sale of property, provided the proceeds are received by or credited to the Hospital;

(d) Shipment from the contractor's plant, under Hospital instructions, except when shipment is to a subcontractor or other location of the contractor; or

(e) A written determination by the CO of the contractor's liability for any property that is lost, damaged, destroyed, or consumed in excess of that normally anticipated in a manufacturing or processing operation, which is followed by reimbursement of the Hospital of any amount required in the determination. If the property is rendered unserviceable by damage, the property shall be disposed of properly, and the determination shall refer to the documents evidencing disposal.

9808.7

The contractor shall establish and maintain a system to control, protect, preserve, and maintain all Hospital property.

9808.8

When Hospital property is found to be in the possession or control of the contractor, although not provided under any contract, the contractor shall promptly record the property and furnish to the CO all known circumstances and data pertaining to its receipt and a statement about whether it is needed for the performance of the contract.

9808.9

When unrecorded Hospital property is found in the possession or control of the contractor, both the cause of the discrepancy and actions taken or needed to prevent recurrence shall be determined and reported to the CO.

9808.10

The contractor shall promptly report to the CO all Hospital property it receives in excess of the amounts needed to complete full performance under the contracts providing the property or authorizing the use of such property. The contractor shall furnish written receipts for all or specified classes of Hospital property only when the CO deems it essential for maintaining acceptable property controls.

9808.11

When overages, shortages, or damages are discovered upon receipt of Hospital property, the contractor shall provide a statement of the condition and apparent causes to the CO. Only the quantity of property actually received shall be recorded on the official records.

9808.12

Contractors shall be responsible and liable for Hospital property in their possession, unless otherwise specified in the contract.

9808.13

A prime contractor that provides Hospital property to a subcontractor shall not be relieved of any responsibility to the Hospital that the prime contractor may have under the terms of the prime contract.

9808.14

Subject to the terms of the contract and the circumstances surrounding the particular case, the contractor shall be liable for shortages, loss, damages, or destruction of Hospital property. The contractor shall also be liable when the use or consumption of Hospital property unreasonably exceeds the allowances provided for by the contract.

9808.15

The contractor shall investigate and report to the CO all cases of loss, damage, or destruction of Hospital property in its possession or control as soon as the facts become known, or when requested by the CO. A report shall also be furnished when completed and accepted products or end items are lost, damaged, or destroyed while in the contractor's possession or control.

9808.16

Immediately upon termination or completion of a contract providing for use of Hospital property by the contractor, the contractor shall perform a physical inventory that is adequate for disposal purposes of all Hospital property applicable to the contract.

9808.17

The contractor shall, at a minimum, submit the following to the CO promptly after completing the physical inventory:

(a) A listing that identifies all discrepancies disclosed by a physical inventory; and

(b) A signed statement that physical inventory of all or certain classes of Hospital property was completed on a given date, and that the official property records were found to be in agreement except for the discrepancies reported.

9808.18

The contractor shall be responsible for the proper care, maintenance, and use of Hospital property in its possession or control from the time of receipt until properly relieved of responsibility, in accordance with sound industrial practice and the terms of the contract and this section.

9808.19

The contractor shall be responsible for a preventive maintenance program.

9808.20

The contractor's maintenance program shall provide for disclosing and reporting to the CO, the need for major repair, replacement, and other capital rehabilitation work for Hospital property in its possession or control.

9808.21

The contractor shall keep records of maintenance actions performed and any deficiencies in Hospital property discovered as a result of inspections.

D.C. Mun. Regs. tit. 22, r. 22-B9808

Final Rulemaking published at 41 DCR 4508, 4552 (July 8, 1994)