4101.1 When it is in the best interest of the District, the contracting officer may authorize contractors in writing to use District-owned or leased vehicles and related services (including fuel and lubricants, vehicle inspection, maintenance, repair, and vehicle storage), in accordance with the provisions of this section.

4101.2 The contracting officer may authorize a contractor to use District-owned or leased vehicles and related services only if:

1. (a) The number of vehicles and related services required for use by the contractor is predictable and expected to remain fairly constant;
2. (b) The proposed contract or contracts will bear the entire cost of the vehicle program;
3. (c) The vehicles will not be used for any purpose other than carrying out the contract for which the vehicles were provided;
4. (d) The contractor does not have and would not be expected to have an existing and continuing capability for providing the vehicles from its own resources; and
5. (e) Substantial savings are expected.

4101.3 District-owned or leased vehicles and related services used by the contractor under this section shall be used only in connection with the performance of one (1) or more specific District contracts for which use of the vehicles and related services was authorized.

4101.4 Before authorizing a contractor to use District-owned or leased vehicles and related services, the contracting officer shall do the following:

1. (a) Determine whether the authorization will accomplish the District's contractual objectives and reduce costs;
2. (b) Obtain evidence that the contractor has in effect insurance in accordance with the provisions of the contract;
3. (c) Arrange for periodic checks to ensure that contractors are using the District-owned or leased vehicles and related services in accordance with the terms of the authorization;

(d) Ensure that the contractor establishes and enforces penalties for employees who use or authorize the use of District-owned or leased vehicles or related services for purposes other than the performance of District contracts for which use of the vehicles and related services was authorized ; and

(e) Obtain a written statement from the contractor that the contractor will assume, without the right of reimbursement from the District, the cost or expense and liability of any use of the District-owned or leased vehicles and related services not related to the performance of the contract.

SOURCE: Final Rulemaking published at 35 DCR 1733 (February 26, 1988); as amended by Final Rulemaking published at 63 DCR 10016 (July 29, 2016).