D.C. Mun. Regs. tit. 8, r. 8-B3044
The University may require the architect-engineer contractor to design the project so that construction will not exceed a contractually specified dollar limit. The amount of the construction funding shall be established during negotiations between the firm and the CCO.
In negotiating the funding limitation amount, the CCO shall make available to the firm the information upon which the University has based its initial construction estimate and subsequently acquired information that may affect the construction costs.
If the price of construction proposed in response to a University solicitation exceeds the construction specified dollar funding limit in the architect-engineer contract, the firm shall be solely responsible for redesigning the project within the funding limitation.
Any redesign services required by Section 3045 shall be performed at no increase in price or extension to the project schedule identified by the architect-engineer (A/E) contract, unless the cost of proposed construction is based on circumstances beyond the A/E firm's reasonable control.
If an architect-engineer firm's design fails to meet the contractual limitation on construction cost and the CCO determines that the firm should not redesign the project, the CCO shall place a written statement of the reasons for that determination in the contract file.
D.C. Mun. Regs. tit. 8, r. 8-B3044