3000.1 The contracting officer shall not award a contract or otherwise obligate the District for any service that is an inherently governmental function.

3000.2 The contracting officer may award a contract for the performance of a function closely associated with an inherently governmental only if the head of a using agency benefited by the performance of the contract:

(a) Finds that appropriate District government employees cannot reasonably perform the function at issue;

(b) Ensures that appropriate District government employees supervise contractor performance of the contract and perform all inherently governmental functions associated with the contract; and

(c) Addresses any organizational conflict of interest of the contractor in the performance of the functions closely associated with an inherently governmental function under the contract.

SOURCE: Final Rulemaking published at 66 DCR 13656 (October 18, 2019).