D.C. Mun. Regs. tit. 8, r. 8-B3001

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

Rule 8-B3001 - AUTHORITY AND RESPONSIBILITY OF THE OFFICE OF THE CHIEF CONTRACTING OFFICER

3001.1

The President shall exercise the procurement authority of the Board in accordance with these rules. The President shall appoint a Chief Contracting Officer ("CCO").

3001.2

The CCO, under the supervision of the President or the President's designee, shall serve as the University's chief procurement officer and shall be responsible for the University's overall procurement program, including the formation of procedures and guidelines for implementing these Rules.

3001.3

Unless otherwise provided herein the CCO, with the approval of the President or the President's designee, may delegate in writing to one or more staff contracting officers any authority conferred on the CCO by these regulations, and the CCO shall include in any such delegation clear written instructions on the limitation of the delegated authority. Such delegation shall remain in effect unless and until the CCO modifies or revokes the delegation in writing. Delegation of contracting authority shall automatically be revoked for staff contracting officers who become separated from the University.

3001.4

Any University official designated as a contracting officer shall not be delegated contracting authority greater than that of the CCO.

3001.5

Only the CCO and other University contracting officers are authorized to enter into contracts, terminate contracts or contractually bind the University for the procurement of supplies, services, or construction. A contracting officer may bind the University only to the extent of their written delegated authority by the CCO under Subsection 3001.3.

Any contract or procurement for supplies, services, or construction entered into or conducted by an individual other than the CCO or other University contracting officers shall be considered an unauthorized procurement.

3001.6

Unauthorized Procurements.

(a) A procurement conducted by an individual without authority to enter into contracts or contractually bind the University for the procurement of supplies, services, or construction may be ratified at the sole discretion of the University if (a) such ratification is in the best interest of the University; and (b) such ratification can be accomplished as a procurement conducted in accordance with these rules. The President shall develop procedures for the ratification of unauthorized procurements.

(b) An unauthorized procurement which is ratified by the University shall be treated as though it was entered into by the University.

(c) Unless it is ratified by the University, the person who entered into the unauthorized procurement may be personally liable for any liabilities resulting from the unauthorized procurement. Regardless of whether an unauthorized procurement is ratified by the University, an employee who enters into an unauthorized procurement shall be subject to appropriate disciplinary action by the University.

3001.7

Conflicts of Interest. The procurement operations of the University shall be conducted with the sole aim of providing the best value to the University in accordance with these rules. No person having contracting authority for the University or otherwise involved in any procurement shall participate in the procurement if the person is affiliated with, has financial interest in, or is a parent, child, spouse, or sibling of a person who is affiliated with or has a financial interest in, any bidder or prospective bidder in response to any University solicitation, including both formal solicitations and procurements conducted under simplified procurement procedures.

D.C. Mun. Regs. tit. 8, r. 8-B3001

Final Rulemaking published at 57 DCR 2630 (Mar. 2010)

Authority: D.C. Official Code § 38-1202.01 (2001 ed.)