4368.1 The CCO shall ensure that purchases are made from and contracts awarded to responsible contractors only.

4368.2 To be determined responsible, a contractor must:

1. (a) Have adequate financial resources to perform the contract or the ability to obtain them;
2. (b) Be able to comply with the required delivery or performance schedule;
3. (c) Have a satisfactory performance record;
4. (d) Have a satisfactory record of integrity and ethics;
5. (e) Have the necessary organizational experience, accounting, operational controls, technical skills, or the ability to obtain them;
6. (f) Have the required production, construction and technical equipment and facilities, or the ability to obtain them; and
7. (g) Be otherwise qualified and eligible to receive a contract award pursuant to applicable laws and regulations.

4368.3 The CCO shall not determine a prospective contractor or subcontractor responsible or non-responsible solely on the basis of a lack of relevant performance history.

4368.4 The CCO's signing of a contract shall constitute a determination that a prospective contractor is responsible with respect to that contract.

4368.5 The CCO shall place a written determination in the contract file when a contractor is determined to be non-responsible.

4368.6 The CCO (or designee) in his or her sole discretion may enter a contractor's or subcontractor's plant or place of business in order to:

1. (a) Inspect or test supplies or services for acceptance by the Library based on the terms of the contract;
2. (b) Audit books or records, where the auditing function will be performed by a District or third-party auditor;
3. (c) Investigate in connection with an action to debar or suspend an offeror or contractor from consideration of contracts; or
4. (d) Conduct pre-award surveys or post-award compliance reviews of an offeror or contractor.

4368.7 Inspections and tests by the Library shall not relieve the contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).