4102.1 Except as provided otherwise in this chapter, each contractor and subcontractor shall furnish all property necessary to perform District contracts.

4102.2 If a contractor or subcontractor is permitted to use or otherwise possess District property, the contracting officer shall do the following:

1. (a) Eliminate to the maximum practical extent any competitive advantage that might arise from using District property;
2. (b) Require contractors (or subcontractors) to use the District property to the maximum practical extent in performing District contracts;
3. (c) Permit the property to be used only when authorized;
4. (d) Charge appropriate rentals when the property is authorized for use on other than a rent-free basis;
5. (e) Require contractors and subcontractors to be responsible and accountable for keeping records of District property in their possession or control;
6. (f) Require contractors and subcontractors to review and provide justification for retaining District property not currently in use; and
7. (g) Ensure maximum practical reutilization of contractor inventory by the District.

4102.3 Contractors and subcontractors shall furnish all facilities required for performing District contracts except as follows:

1. (a) When, as a result of the prospective contractor's written statement asserting inability or unwillingness to obtain facilities, the Director determines that the contract cannot be fulfilled by any other practical means; or
2. (b) When the Director determines that it is in the best interests of the District to provide the facility.

4102.4 Competitive solicitations shall not include any offer by the District to provide District facilities unless adequate price competition cannot otherwise be obtained.

4102.5 Facilities may be provided to a contractor or subcontractor under a contract, other than a facilities contract, in any of the following situations:

1. (a) The actual or estimated cumulative acquisition cost of the facilities provided at one place or general location does not exceed one hundred thousand dollars ($100,000);
2. (b) The contract is for construction; or
3. (c) The contract is for work within an establishment operated by the District.

4102.6 When a facilities contract is not used, the District's interests shall be protected by using a District property clause approved by the Director.

SOURCE: Final Rulemaking published at 35 DCR 1736 (February 26, 1988).