D.C. Mun. Regs. tit. 27, r. 27-608

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

Rule 27-608 - BONDING

608.1

The Commission shall consider any certified MBE's request for bond waiver on any District of Columbia contract reserved exclusively for the sheltered market as defined in D.C. Code § 1-1142(7) (1981).

608.2

A certified MBE requesting a bond waiver shall submit an affidavit including the following information:

(a) History of the certified MBE, which shall contain the following:

(1) Records of prior completed contracts, including the extent of the MBE's involvement in each contract;

(2) The total value of each contract;

(3) The contracting agency, including the names and telephone numbers of agency representatives familiar with each contract;

(4) A description of each contract; and

(5) The amount of any bond provided, including the name, address, and telephone number of the bonding agent;

(b) Statement of reasons why the bond should be waived;

(c) Financial statement of the MBE's assets and liabilities not older than ninety (90) days; and

(d) Evidence that the contractor has been denied a bond by two (2) surety companies.

608.3

The Commission shall maintain all information provided under § 608.2 in confidence and shall return any data submitted by the certified MBE unless it becomes part of a recommendation to the Mayor for bond waiver.

608.4

Upon majority vote of a quorum of the Commission to waive bond on a specific contract, the Staff Director shall prepare and forward to the Mayor through the contracting officer a request for bond waiver stating the reason(s) for the waiver, and the benefits to be derived from waiving the bond.

608.5

The Commission shall not recommend a bond waiver unless in its judgment it is in the best interest of the District of Columbia to do so.

608.6

For a specified contract in excess of one hundred thousand dollars ($100,000), the Commission may, prior to solicitation of bids, recommend that the requirement for bonding be waived or reduced, and may make such a request to the Mayor through the contracting officer by memorandum providing the basis for the recommendation and the benefit to the District of Columbia from waiving or reducing the bonding requirement.

D.C. Mun. Regs. tit. 27, r. 27-608

Final Rulemaking published at 33 DCR 5659 (September 12, 1986)