D.C. Mun. Regs. tit. 27, r. 27-2204

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

Rule 27-2204 - OBTAINING INFORMATION FOR DETERMINATION OF RESPONSIBILITY

2204.1

Before making a determination of responsibility, the contracting officer shall possess or obtain information sufficient to satisfy the contracting officer that a prospective contractor currently meets the applicable standards and requirements for responsibility set forth in this chapter.

2204.2

The prospective contractor shall promptly supply information requested by the contracting officer regarding itsresponsibility.

2204.3

If the prospective contractor fails to supply the information requested under §2204.2 of this chapter, the contracting officer shall make the determination of responsibility or non-responsibility based upon available information. If the available information is insufficient to make a determination of responsibility, the contracting officer shall determine the prospective contractor to be non-responsible.

2204.4

The contracting officer shall use the following sources of information, as appropriate, to support determinations of responsibility or non-responsibility:

(a) The District's excluded parties list;

(b) The lists of debarred, suspended, and ineligible contractors maintained by the federal government;

(c) Past performance evaluations, other records regarding past performance, and experience data, including verifiable knowledge of District personnel;

(d) Information supplied by the prospective contractor, including information on bidder/offeror certifications, bid or proposal information, questionnaire replies, financial data, information on production equipment, and personnel information;

(e) Financial information, including but not limited to Dun and Bradstreet reports;

(f) Pre-award survey reports; and

(g) Other sources, such as publications, suppliers, subcontractors, and customers of the prospective contractor, financial institutions, government agencies, and business and trade associations.

2204.5

A prospective contractor thatsubmits a bid or proposal for any contract exceeding one hundred thousand dollars ($100,000) shall submit a certification indicating whether the prospective contractor has complied with the filing requirements of federal and District tax laws, and whether the prospective contractor has paid taxes due to the federal government and the District,or is in compliance with any payment agreement with the federal government, the D.C.Office of Tax and Revenue(OTR),and the D.C. Department of Employment Services (DOES).

2204.6

Before making an affirmative determination of responsibility for a contract exceeding one hundred thousand dollars ($100,000), the contracting officer shall obtain certifications from the OTR and the DOESthat the prospective contractor has complied with the filing requirements of the District's tax laws, and that the prospective contractor has paid taxes due to the District or is in compliance with any payment agreement with the OTR and the DOES.

D.C. Mun. Regs. tit. 27, r. 27-2204

Final Rulemaking published at 35 DCR 1528 (February 26, 1988); amended by Final Rulemaking published at 66 DCR 14414 (11/1/2019)