D.C. Mun. Regs. tit. 5, r. 5-D106

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

Rule 5-D106 - RESPONSIBILITY

106.1

To receive a contract from the Office, a contractor must be responsible. To be considered responsible, a contractor must:

(a) Have (or can obtain) the financial, technical, and organizational skills and resources, and the facilities and equipment, necessary to perform the contract in accordance with its terms;

(b) Have a satisfactory performance record;

(c) Have a satisfactory record of integrity and business ethics;

(c) Have not been suspended, debarred, or otherwise ineligible to receive contracts from the District Government or the Federal Government;

(d) Meet any other qualification criteria that may be imposed by applicable laws or regulations; and

(e) Provide adequate evidence that it has paid and filed all applicable District of Columbia taxes and tax returns.

106.2

The Contracting Officer shall make a written determination if the contractor is found to be non-responsible. Depending on the level of formality of the contract and at the Contracting Officer's discretion, the Contracting Officer may make a written determination if the contractor is found to be responsible.

106.3

In evaluating a prospective contractor's responsibility, a Contracting Officer may request information from the contractor and may also consider information available from other sources. Where necessary, the Contracting Officer may also perform a pre-award survey involving interviews with contractor personnel or visits to the contractor's facilities. Information on the capabilities and suitability of proposed subcontractors also may be considered in evaluating responsibility.

D.C. Mun. Regs. tit. 5, r. 5-D106

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, 11193 (November 26, 2010)

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.).