2800 CONSENT TO SUBCONTRACT

2800.1 The contracting officer may require consent to subcontract in any instance where the contracting officer determines that it would be in the best interests of the District.2800.2 The contracting officer shall require consent to subcontract in those instances where approval of subcontractors is required by the Act or this title.2800.3 The contracting officer may require consent by the District to all or any part of the subcontracts to be issued under a prime contract.2800.4 The contracting officer may require, as part of an invitation for bids ('IFB') or request for proposals ('RFP'), that each responding vendor include in its response a list of proposed subcontractors, a list of tasks or items which the vendor intends to subcontract, or both.2800.5 In determining whether to require consent to subcontract, the contracting officer shall consider the following:- (a) The complexity of the work to be done under subcontracts;

- (b) The value of the subcontract(s);

- (c) Whether the District's interests can be adequately protected without requiring consent; and

- (d) Any other relevant factors.2800.6 If the contracting officer does not require consent to subcontract, the contracting officer shall include a written justification for his or her decision in the contract file in each of the following circumstances:- (a) The prime contract is a fixed-price incentive or fixed-price redeterminable contract and the prime contract price is estimated to exceed five hundred thousand dollars (\$500,000);

- (b) The prime contract is a firm-fixed-price or fixed-price contract with an economic price adjustment provision and a new subcontract results from an unpriced modification to the prime contract and the prime contract price is estimated to exceed five hundred thousand dollars (\$500,000);

- (c) The subcontract is to be a cost-reimbursement, time-and-materials, or labor- hour contract and the subcontract price is estimated to exceed two hundred thousand dollars (\$200,000);

- (d) The subcontract is to be one of several subcontracts under a prime contract with a single subcontractor for the same or related goods or services which in the aggregate are estimated to total more than one hundred thousand dollars (\$100,000) and the prime contract price is estimated to exceed five hundred thousand dollars (\$500,000); or

- (e) Contracts for mortuary services, refuse services, or shipment and storage of personal property, and the District requires prior approval of subcontractors' facilities.2800.7 If the contracting officer does not require consent to subcontract under a cost reimbursement or letter-prime contract (other than facilities contract), the contracting officer shall include a written

justification for his or her decision in the contract file in the following circumstances:

(a) The subcontract is to be for fabrication, purchase, rental, installation, or other purchase of special test equipment valued at more than ten thousand dollars ($10,000) or of any items of industrial facilities;

(b) The subcontract will have experimental, developmental, or research work as one of its purposes;

(c) The subcontract is to be a cost-reimbursement, time-and-materials or labor- hour subcontract; or

(d) The subcontract is to be a fixed-price subcontract that exceeds either ten thousand dollars ($10,000) or five percent (5%) of the total estimated cost of the prime contract.

AUTHORITY: Unless otherwise noted, the authority for this chapter is the District of Columbia Procurement Practices Act of 1985, D.C. Law 6-85, as amended, D.C. Code §1-1181.1 et seq. (1981).

SOURCE: Final Rulemaking published at 35 DCR 1609 (February 26, 1988).