1902.1 Notwithstanding §1901, a contracting officer may contract with an information technology ("IT") consultant as a personal services contractor if the IT consultant:

1. (a) Provides services to the Office of the Chief Technology Officer;
2. (b) Is unable to be hired as a District employee because the consultant is requiring compensation that cannot be accommodated through District pay schedules; and
3. (c) Is deemed critical by the Mayor to the IT program of the Office of the Chief Technology Officer.

1902.2 A personal services contractor hired under § 1902 may, where applicable, exercise managerial and supervisory authority over District employees, and be subject to direct control or supervision by District personnel.

1902.3 A personal services contract authorized by § 1902 may establish or allow any of the following:

1. (a) An employer-employee relationship between the District and the contractor;
2. (b) Detailed control or supervision by District personnel of the contractor or its employees with respect to the day-to-day operations of the contractor or the methods of accomplishment of the services;
3. (c) A regularly established tour of duty for the contractor;
4. (d) Supervision of District employees by the contractor; or
5. (e) Performance of work of a policy-making, decision-making, or managerial nature.

1902.4 The contracting officer shall determine in writing, based upon certification of facts by the Chief Technology Officer, that the criteria set forth in § 1902.1 are met and that the use of a personal services contract for IT consultant services is in the best interests of the District.

1902.5 Before processing any contractual action or solicitation for IT consultant personal services, the contracting officer shall ensure that the applicable provisions of this Chapter have been complied with and that the required documentation is complete and included in the contract file.

1902.6 For procurement of IT consultant personal services, the contracting officer shall ensure that the following are accomplished:

1. (a) Each requirement is appropriate and fully justified in a written determination and findings. The justification shall include a statement of need and the requesting official's certification that the services do not unnecessarily duplicate any previously performed work or services;
2. (b) Each work statement is specific and complete, and states a fixed period of performance within which the services are to be provided;
3. (c) Each contract is awarded pursuant to the Act and this title;
4. (d) Appropriate disclosure is required of, and warning is given to, contractor personnel to avoid conflicts of interest;

(e) Each contract is properly administered and monitored to ensure that performance meets the requirements of the contract;

(f) Each proposed contract action is properly authorized by a written, signed document; and

(g) Each proposed contract is approved, in writing, by the City Administrator prior to award of the contract.

1902.7 A contract for IT consultant personal services may be extended by modification, but in no event shall the period of the base contract and any extensions exceed three (3) years.

1902.8 Federal and District statutes or regulations applicable to District employees concerning ethics shall apply to all contractors under this chapter. All contracts entered into pursuant to this chapter shall comply with the laws and regulations governing ethics in the District government.

1902.9 The contracting officer may waive the insurance coverage requirements of §2712 of chapter 27 of this title when the Chief Technology Officer submits a written determination that waiver of the insurance coverage requirements is in the best interests of the District.

SOURCE: Emergency and Proposed rulemaking published at 47 DCR 8590 (October 20, 2000) [EXPIRED]; as amended by Emergency rulemaking published at 48 DCR 8989 (September 28, 2001) [EXPIRED]; as amended by Final Rulemaking published at 50 DCR 1531 (February 14, 2003); as amended by Emergency rulemaking published at 51 DCR 5265 (May 21, 2004) [EXPIRED].