3600

GENERAL PROVISIONS

3600.1 Only a contracting officer acting within the scope of the contracting officer's delegated contract authority is authorized to execute a contract modification on behalf of the District. Other District personnel shall not:

(a) Execute contract modifications;

(b) Act in a manner that causes a contractor to believe that they have authority to bind the District; or

(c) Direct or encourage a contractor to perform work that should be the subject of a contract modification.

3600.2 A contract modification, including a change issued unilaterally by the District, shall be priced and a government estimate shall be prepared before signature by the parties, unless the interest of the District would be adversely affected. If a significant cost increase could result from a contract modification and time does not permit negotiation of a price, the contracting officer shall negotiate a maximum contract price increase and include that price in the modification.

3600.3 The contracting officer shall not execute a contract modification, including a change order, which causes or will cause an increase in the funding level of the contract without having first obtained a certification of the availability of funds. The certification shall be based on the negotiated price or the negotiated maximum price.

3600.4 A modification to a contract may be executed without having first obtained the certification required under § 3600.3 if the modification includes a clause, approved by the Director, which conditions payment upon the availability of funds.

SOURCE: Final Rulemaking published at 35 DCR 1684 (February 26, 1988); as amended by Final Rulemaking published at 59 DCR 14956 (December 21, 2012).