4101.1 When it is in the best interests of the District, the contracting officer may authorize contractors in writing to obtain 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 provide contractors with motor vehicles and related services only when all of the following are applicable:

1. (a) The number of vehicles and related services required for use by contractor personnel 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 on any contract other than that for which the vehicles were provided, unless approved by the head of the contracting agency;
4. (d) Prospective contractors do not have or would not be expected to have an existing and continuing capability for providing the vehicles from their own resources; and
5. (e) Substantial savings are expected.

4101.3 District contractors shall not be authorized to obtain District vehicles and related services for use in performance of any contract other than a cost-reimbursement contract unless specifically approved in writing by the Director.

4101.4 Vehicles and related services obtained by a contractor under this section shall be used only in connection with the performance of one (1) or more specific District contracts.

4101.5 Before authorizing a contractor to obtain District 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 motor vehicle liability insurance covering bodily injury and property damage, with limits of liability as required or approved by the Director, protecting the contractor and the District against third-party claims arising from the ownership, maintenance, or use of a District vehicle;
3. (c) Arrange for periodic checks to ensure that contractors are using vehicles and related services in accordance with the terms of the authorization;
4. (d) Ensure that the contractor establishes and enforces penalties for employees who use or authorize the use of District vehicles and related services for purposes other than the performance of District contracts;
5. (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 District vehicles and services not related to the performance of the contract; and
6. (f) Consider any recommendations of the contractor.

SOURCE: Final Rulemaking published at 35 DCR 1734 (February 26, 1988).