2301.1 When establishing a contract delivery or performance schedule for goods or services, the contracting officer shall consider applicable factors, including the following:

1. (a) Urgency of need;
2. (b) Production time;
3. (c) Market conditions;
4. (d) Transportation time;
5. (e) Industry practices;
6. (f) Capabilities of certified minority businesses;
7. (g) Time for obtaining and evaluating bids or offers and awarding contracts;
8. (h) Time for contractors to comply with any condition precedent to contract performance; and
9. (i) Time for the District to perform its obligations under contract, such as furnishing government property to the contractor.

2301.2 When scheduling the time for completion of a construction contract, the contracting officer shall consider applicable factors, such as the following:

1. (a) The nature and complexity of the project;
2. (b) The construction seasons involved;
3. (c) The required completion date;
4. (d) The availability of materials and equipment;
5. (e) The capacity of the contractor to perform; and
6. (f) The use of multiple completion dates.

2301.3 In any contract, different completion dates may be established for separable items of work.

2301.4 When multiple completion dates are used, the contracting officer shall evaluate requests for extension of time with respect to each item, and shall modify the affected completion dates when appropriate.

2301.5 The contracting officer may establish contract delivery or performance schedules on the basis of any of the following:

1. (a) A specific calendar date or dates;
2. (b) A specific period or periods from the date of the contract;
3. (c) A specific period or periods from the date agreed upon by the parties and set forth in the contract for actual commencement of performance on the contract; or

(d) In contracts containing indefinite delivery provisions (such as term contracts or federal supply schedules), a specific time for delivery after receipt by the contractor of each individual order issued under the contract.

2301.6 When establishing dates for performance or delivery, the contracting officer shall take into account factors pertaining to the ability of the contractor to actually begin performance, such as time for receipt of notice by the contractor of the contract award or acceptance by the District, or the time for receipt by the contractor of an executed contract.

2301.7 The time specified for contract performance shall not be curtailed to the prejudice of the contractor because of delay by the District in giving notice of award or acceptance.

SOURCE: Final Rulemaking published at 35 DCR 1547 (February 26, 1988).