reglab/housing_qa huggingface dataset:
DC Code § 2-354.13 (2021)
2021 District of Columbia Code|Title 2 - Government Administration|Chapter 3A - Government Procurement|Subchapter IV - Source Selection and Contract Formation|§ 2-354.13. Competition exemptions

Contracts for the following procurements shall be exempt from the competition requirements established by this chapter: (1) Artistic services or works of art; (2) Commodities or contractual services if federal or District law prescribes with whom the District must contract; (3) Legal services or negotiation services in connection with proceedings before administrative agencies or state or federal courts, including experts, attorneys, and mediators; (4) Copyrighted or patented materials, including technical pamphlets, published books, maps, and testing or instructional materials; provided, that the materials are purchased directly from the owner of the copyright or patent; (5) Memberships in trade or professional organizations; (6) Entertainers; (7) Job-related seminars and training for District employees; (8) Maintenance and support of existing software and technology to the extent that the creator of the intellectual property is still protected and is the only source of the maintenance and support of the existing software and technology; (9) Public transit farecards, passes, and tokens; (10) Personal property or services provided by another public entity, agency, or authority; (11) Postage; (12) Purchases of advertising in all media, including electronic, print, radio, and television; provided, that they are purchased directly from the media outlet; (13) Trade and career fairs for District employees; (14) Special event venues and related services as dictated by the establishment; (15) Subscriptions for periodicals and newspapers; (16) Ticket purchases for special events, tourist attractions, and amusement parks; and (17) Professional development training which supports principal, teacher, and student achievement, health, and safety.  (Apr. 8, 2011, D.C. Law 18-371, § 413, 58 DCR 1185; Apr. 11, 2019, D.C. Law 22-294, § 401, 66 DCR 1707.)
DC Code § 2-354.14 (2021)
2021 District of Columbia Code|Title 2 - Government Administration|Chapter 3A - Government Procurement|Subchapter IV - Source Selection and Contract Formation|§ 2-354.14. Cancellation of solicitations

An Invitation for Bid, a Request for Proposals, or other solicitation may be cancelled if it is determined in writing by the CPO that the action is taken in the best interests of the District government.  (Apr. 8, 2011, D.C. Law 18-371, § 414, 58 DCR 1185.)
DC Code § 2-354.15 (2021)
2021 District of Columbia Code|Title 2 - Government Administration|Chapter 3A - Government Procurement|Subchapter IV - Source Selection and Contract Formation|§ 2-354.15. Collusion

(a) A person who enters into a contract with the District after engaging in collusion with another person for the purpose of defrauding the District shall be liable for damages equal to 3 times the value of the loss to the District attributable to the collusion. (b) If there is a reasonable basis for believing that collusion has occurred among any individuals or entities for the purpose of defrauding the District, the CPO shall send a written notice of this belief to the Attorney General and to the Mayor. (c) All documents involved in any procurement in which collusion is suspected shall be retained until the Attorney General gives notice that they may be destroyed. All documents shall be made available to the Attorney General.  (Apr. 8, 2011, D.C. Law 18-371, § 415, 58 DCR 1185.)
DC Code § 2-354.16 (2021)
2021 District of Columbia Code|Title 2 - Government Administration|Chapter 3A - Government Procurement|Subchapter IV - Source Selection and Contract Formation|§ 2-354.16. Contingent fees

(a) A contractor shall not offer to pay any fee or other consideration that is contingent on the making of a contract. (b) Every contract shall contain the following prohibition against contingent fees: “The contractor warrants that no person or selling agency has been employed or retained to solicit or secure the contract upon an agreement or understanding for a commission, percentage, brokerage fee, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the contractor for the purpose of securing business. For a breach or violation of this warranty, the District shall have the right to terminate the contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of the commission, percentage, brokerage, or contingent fee. (c) A District employee shall not solicit or secure, or offer to solicit or secure, a contract for which the employee is paid or is to be paid any fee or other consideration contingent on the making of the contract between the employee and any other person.  (Apr. 8, 2011, D.C. Law 18-371, § 416, 58 DCR 1185.)  Section References This section is referenced in § 1-1161.01.
DC Code § 2-354.17 (2021)
2021 District of Columbia Code|Title 2 - Government Administration|Chapter 3A - Government Procurement|Subchapter IV - Source Selection and Contract Formation|§ 2-354.17. Confidentiality

The CPO shall review information which has been designated as confidential or proprietary by a person and which has been submitted in response to an Invitation for Bids or Request for Proposals. If the CPO determines that the designation is proper, the information shall be treated by the CPO, and any other District employee, in a confidential manner, shall be disclosed only to District employees for use in the procurement process, and shall not be disclosed to other persons or parties without the prior written consent of the person, except as provided by subchapter II of Chapter 5 of this title [§ 2-531 et seq.].  (Apr. 8, 2011, D.C. Law 18-371, § 417, 58 DCR 1185.)
DC Code § 2-354.18 (2021)
2021 District of Columbia Code|Title 2 - Government Administration|Chapter 3A - Government Procurement|Subchapter IV - Source Selection and Contract Formation|§ 2-354.18. Right to audit records; right to inspect

(a) The District may, at reasonable times and places, audit the books and records of any person who has submitted data to substantiate offered prices pursuant to § 2-354.19 to the extent that the books and records relate to that data. A person who receives a contract, change order, or contract modification for which the data is required, shall maintain books and records that relate to the cost or pricing data for 3 years from the date of final payment under the contract, unless a shorter period is otherwise authorized in writing. (b) The Inspector General, District of Columbia Auditor, or District shall be entitled to audit the books and records of a contractor or any subcontractor under any negotiated contract or subcontract, other than a firm fixed-price contract, to the extent that the books and records relate to the performance of the contract or subcontract. Books and records shall be maintained by the contractor for a period of 3 years from the date of final payment under the prime contract and by the subcontractor for a period of 3 years from the date of final payment under the subcontract, unless a shorter period is otherwise authorized in writing. (c) The Inspector General, District of Columbia Auditor, or District may, at reasonable times, inspect the part of the place of business of a contractor or any subcontractor which is related to the performance of any contract awarded or to be awarded by the District.  (Apr. 8, 2011, D.C. Law 18-371, § 418, 58 DCR 1185.)
DC Code § 2-354.19 (2021)
2021 District of Columbia Code|Title 2 - Government Administration|Chapter 3A - Government Procurement|Subchapter IV - Source Selection and Contract Formation|§ 2-354.19. Reasonable prices

(a) A contracting officer may request factual information reasonably available to the contractor or prospective contractor to substantiate that the price or cost offered, or some portion of it, is reasonable. (b) The CPO shall establish a process for determining the reasonableness of prices.  (Apr. 8, 2011, D.C. Law 18-371, § 419, 58 DCR 1185.)  Section References This section is referenced in § 2-354.18.
DC Code § 2-354.20 (2021)
2021 District of Columbia Code|Title 2 - Government Administration|Chapter 3A - Government Procurement|Subchapter IV - Source Selection and Contract Formation|§ 2-354.20. Prequalification

(a) The CPO may establish a prequalification process to certify the financial and professional qualifications of prospective bidders and offerors for District government contracts. The CPO may limit participation in certain procurements to prospective contractors who have been prequalified under the process. (b) The use of the prequalification process under this section shall not nullify the requirement for a determination of contractor responsibility under subchapter III of this chapter. (c) Information about a prospective or current contractor relevant to a contractor’s prequalification criteria may be submitted by a member of the general public to the CPO for consideration in determining or verifying the contractor’s prequalified status.  (Apr. 8, 2011, D.C. Law 18-371, § 420, 58 DCR 1185.)
DC Code § 2-355.01 (2021)
2021 District of Columbia Code|Title 2 - Government Administration|Chapter 3A - Government Procurement|Subchapter V - Types of Contracts|§ 2-355.01. Cost-plus-a-percentage-of-cost contract prohibited

An agency shall not enter into a cost-plus-a-percentage-of-cost contract.  (Apr. 8, 2011, D.C. Law 18-371, § 501, 58 DCR 1185.)
DC Code § 2-355.02 (2021)
2021 District of Columbia Code|Title 2 - Government Administration|Chapter 3A - Government Procurement|Subchapter V - Types of Contracts|§ 2-355.02. Cost-reimbursement contracts

(a) A cost-reimbursement contract shall not be awarded pursuant to § 2-354.02, § 2-354.03, or § 2-354.04 unless there is a determination and findings that: (1) The contract is likely to be less costly to the District than any other type of contract; or (2) It is impracticable to obtain goods or services of the kind or quality required except under a cost-reimbursement contract. (b) All cost-reimbursement contracts shall contain a provision that only costs determined in writing to be reimbursable by the contracting officer, in accordance with cost principles set forth in rules issued pursuant to this chapter, shall be reimbursable.  (Apr. 8, 2011, D.C. Law 18-371, § 502, 58 DCR 1185.)
DC Code § 2-355.03 (2021)
2021 District of Columbia Code|Title 2 - Government Administration|Chapter 3A - Government Procurement|Subchapter V - Types of Contracts|§ 2-355.03. Use of other types of contracts

Subject to the limitations of this chapter and this subchapter, any type of contract which will promote the best interests of the District may be used.  (Apr. 8, 2011, D.C. Law 18-371, § 503, 58 DCR 1185.)
DC Code § 2-355.04 (2021)
2021 District of Columbia Code|Title 2 - Government Administration|Chapter 3A - Government Procurement|Subchapter V - Types of Contracts|§ 2-355.04. Multiyear contracts

(a) Unless otherwise provided in an appropriations act, or approved pursuant to § 1-204.51, a contract for goods or services shall not be entered into for periods which extend beyond 12 months. (b) Before entering into a multiyear contract, the CPO shall determine in writing that: (1) Estimated requirements cover the period of the contract and are reasonably firm and continuing; and (2) The contract would serve the best interests of the District, encourage effective competition, or otherwise promote economies in District procurement. (c) If funds are not appropriated or otherwise made available for the continued performance in a subsequent year of a multiyear contract, the contract for the subsequent year shall be terminated, either automatically or in accordance with the termination clause of the contract, if any. Unless otherwise provided for in the contract, the effect of termination shall be to discharge both the District and the contractor from future performance of the contract, but not from their existing obligations. The contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the goods or services delivered under the contract.  (Apr. 8, 2011, D.C. Law 18-371, § 504, 58 DCR 1185.)
DC Code § 2-356.01 (2021)
2021 District of Columbia Code|Title 2 - Government Administration|Chapter 3A - Government Procurement|Subchapter VI - Procurement of Construction Projects and Related Services|§ 2-356.01. Project delivery methods authorized

(a) This subchapter shall govern procurements for construction projects and related management services in the District. (b) The following project delivery methods are authorized for procurements within the scope of this subchapter: (1) Architectural and engineering services; (2) Construction management; (3) Construction management at risk; (4) Design-bid-build; (5) Design-build; (6) Design-build-finance-operate-maintain; (7) Design-build-operate-maintain; and (8) Operations and maintenance. (c) Participation in a report or study that is subsequently used in the preparation of design requirements for a project shall not disqualify a firm from participating as a member of a proposing team in a design-build, design-build-operate-maintain, or design-build-finance-operate-maintain procurement unless the participation would provide the firm with a substantial competitive advantage.  (Apr. 8, 2011, D.C. Law 18-371, § 601, 58 DCR 1185.)  Section References This section is referenced in § 2-356.02 and § 2-357.04. Editor's Notes  Section 7183 of D.C. Act 24-159 provided that the amendments made to this section by D.C. Law 22-250 shall not apply to contracts, as defined in § 1-1161.01(10C)(A)(ii), including those contracts' option periods or similar contract extensions or modifications, sought, entered into, or executed before November 9, 2022.
DC Code § 2-356.02 (2021)
2021 District of Columbia Code|Title 2 - Government Administration|Chapter 3A - Government Procurement|Subchapter VI - Procurement of Construction Projects and Related Services|§ 2-356.02. Source selection methods assigned to project delivery methods

(a) This section specifies the source selection methods applicable to procurements for the project delivery methods identified in § 2-356.01, except as provided in §§ 2-354.04, 2-354.05, 2-354.07, 2-354.08, 2-354.11, and 2-354.12. (b)(1) The qualifications-based selection process set forth in § 2-356.04 shall be used to procure architectural and engineering services in design-bid-build procurements. (2) Competitive sealed bidding, as set forth in § 2-354.02, shall be used to procure construction in design-bid-build procurements, except where rules authorize the use of competitive sealed proposals, as set forth in § 2-354.03, for contracts for construction management at-risk. (c) Contracts for operations and maintenance shall be procured as set forth in § 2-354.01. (d) Contracts for design-build shall be procured by competitive sealed proposals, as set forth in § 2-354.03. (e) Contracts for design-build-operate-maintain shall be procured by competitive sealed proposals, as set forth in § 2-354.03. (f) Contracts for design-build-finance-operate-maintain shall be procured by competitive sealed proposals, as set forth in § 2-354.03.  (Apr. 8, 2011, D.C. Law 18-371, § 602, 58 DCR 1185.)  Cross References Stadiums, construction, see §§ 10-1601.03, 10-1601.05.
DC Code § 2-356.03 (2021)
2021 District of Columbia Code|Title 2 - Government Administration|Chapter 3A - Government Procurement|Subchapter VI - Procurement of Construction Projects and Related Services|§ 2-356.03. Prequalification process for construction

(a) Except for architectural and engineering services, prospective contractors for procurements under this subchapter may be selected through a prequalification process as set forth in this section. (b) The prequalification process shall provide for the annual publication of a list describing specific types of solicitations for which the agency will seek prequalified contractors. Solicitations may be added to the list at any time; provided, that the addition of a solicitation to the list shall be published for not less than 30 days before the solicitation is released. (c) The prequalification criteria may include the following: (1) Experience and expertise of personnel; (2) Prior completion of similar work; (3) Receipt of favorable references from prior work; (4) A certified letter indicating a surety’s willingness to provide bonding to the contractor for 100% of the proposed bid price; (5) Availability to complete the desired work; (6) Confirmation that the vendor is responsible; (7) Acceptable subcontracting plans; and (8) Any other criteria identified by the agency as relevant to evaluation of the prospective contractor. (d) After an agency has prequalified prospective contractors, it may exclude from competition for the ensuing solicitation any person that has not been prequalified. (e) The use of the prequalification process under this section shall not nullify the requirement for a determination of contractor responsibility under subchapter III of this chapter.  (Apr. 8, 2011, D.C. Law 18-371, § 603, 58 DCR 1185.)
DC Code § 2-356.05 (2021)
2021 District of Columbia Code|Title 2 - Government Administration|Chapter 3A - Government Procurement|Subchapter VI - Procurement of Construction Projects and Related Services|§ 2-356.05. Estimate of construction costs

(a) An estimate of costs shall be prepared by the contracting officer for each proposed contract, contract modification, or change order to be issued in connection with a construction project and anticipated to exceed $100,000. (b) The estimate shall be prepared in detail, as though the District were competing for the contract, and shall not be based solely on the estimates or actual costs of similar construction projects. (c) The estimate shall be made available to the contracting officer for use in preparation of the contract solicitation and in the determination of price reasonableness in awarding a contract. (d) Access to materials gathered or created for the estimate, and the overall amount of the estimate, shall be limited to District personnel or agents of the District whose official duties require knowledge regarding the estimate. These materials and the overall amount of the estimate shall not be disclosed, except as otherwise permitted by law. (e) Within 90 days of October 8, 2016, the Mayor, pursuant to subchapter I of Chapter 5 of this title, shall issue rules to implement the provisions of this section.   (Apr. 8, 2011, D.C. Law 18-371, § 605; as added Oct. 8, 2016, D.C. Law 21-158, § 3(l), 63 DCR 10752.)  Emergency Legislation  For temporary (90 days) creation of this section, see § 3(l) of Procurement Integrity, Transparency, and Accountability Emergency Amendment Act of 2016 (D.C. Act 21-504, Oct. 13, 2016, 63 DCR 12942).
DC Code § 2-357.01 (2021)
2021 District of Columbia Code|Title 2 - Government Administration|Chapter 3A - Government Procurement|Subchapter VII - Bonds and Other Forms of Security|§ 2-357.01. Bid security in construction contracts

(a) Bid security shall be required for all competitive sealed bidding and competitive sealed proposals for construction contracts when the price is estimated by the contracting officer to exceed $100,000. Bid security shall be a bond provided by a surety company authorized to do business in the District or the equivalent in cash, or otherwise supplied in a form satisfactory to the District. This section shall not prevent the requirement of such bonds on such contracts under $100,000 or bid or proposal bonds on any other contracts when the circumstances warrant. (b) Bid security shall be in an amount equal to at least 5% of the amount of the bid. (c) If the Invitation for Bids or Request for Proposals requires that a bid bond be provided, a bidder that does not comply shall be rejected unless, pursuant to rule, it is determined that the bid or offer fails to comply in a nonsubstantial manner with the security requirements. (d) After bids are opened, they shall be irrevocable for the period specified in the Invitation for Bids. If a bidder is permitted to withdraw its bid or proposal before award, or is excluded from the competition before award, no action shall be had against the bidder or the bid security.  (Apr. 8, 2011, D.C. Law 18-371, § 701, 58 DCR 1185.)
DC Code § 2-357.02a (2021)
2021 District of Columbia Code|Title 2 - Government Administration|Chapter 3A - Government Procurement|Subchapter VII - Bonds and Other Forms of Security|§ 2-357.02a. Security in non-construction service contracts

The CPO shall issue rules pursuant to § 2-361.06 to require performance bonds, payment bonds, letters of credit, or other forms of security for non-construction service contract prime contractors in cases in which such security may be effective in furthering the District's interests or such security may assist subcontractors doing business under a prime contract to receive payment for goods or services.  (Apr. 8, 2011, D.C. Law 18-371, § 702a; as added Oct. 8, 2016, D.C. Law 21-158, § 3(o), 63 DCR 10752.)  Emergency Legislation  For temporary (90 days) creation of this section, see § 3(n) of Procurement Integrity, Transparency, and Accountability Emergency Amendment Act of 2016 (D.C. Act 21-504, Oct. 13, 2016, 63 DCR 12942).
DC Code § 2-357.03 (2021)
2021 District of Columbia Code|Title 2 - Government Administration|Chapter 3A - Government Procurement|Subchapter VII - Bonds and Other Forms of Security|§ 2-357.03. Bond forms and copies

(a) The CPO shall prescribe the form of the bonds required by this chapter. (b) Any person may request and obtain from the District a certified copy of a bond upon payment of the cost of reproduction of the bond and postage, if any. A certified copy of a bond shall be prima facie evidence of the contents, execution, and delivery of the original.  (Apr. 8, 2011, D.C. Law 18-371, § 703, 58 DCR 1185.)
DC Code § 2-357.04 (2021)
2021 District of Columbia Code|Title 2 - Government Administration|Chapter 3A - Government Procurement|Subchapter VII - Bonds and Other Forms of Security|§ 2-357.04. Other forms of security

Pursuant to rules promulgated under this chapter, the CPO may require a solicitation to include one or more of the following forms of security to assure the timely, faithful, and uninterrupted provision of operations and maintenance services, procured separately or as one element of design-build-operate-maintain or design-build-finance-operate-maintain services: (1) Operations period surety bonds that secure the performance of the contractor’s operations and maintenance obligations under the project delivery methods set forth in § 2-356.01; (2) Letters of credit in an amount appropriate to cover the cost to the District of preventing infrastructure service interruptions for a period up to 12 months under the project delivery methods set forth in § 2-356.01; or (3) Appropriate written guarantees from the contractor (or depending upon the circumstances, from parent corporations) to secure the recovery of procurement costs to the District in the event of a default in performance by the contractor.  (Apr. 8, 2011, D.C. Law 18-371, § 704, 58 DCR 1185.)
DC Code § 2-357.05 (2021)
2021 District of Columbia Code|Title 2 - Government Administration|Chapter 3A - Government Procurement|Subchapter VII - Bonds and Other Forms of Security|§ 2-357.05. Authority to require bonds

Pursuant to rules promulgated under this chapter, the CPO may require a bond for any solicitation if the CPO determines that it would be in the best interests of the District.  (Apr. 8, 2011, D.C. Law 18-371, § 705, 58 DCR 1185.)