5013.1 To receive a contract from the OAG, a contractor must be responsible. To be considered responsible, a contractor must:

1. (a) Have or provide evidence that it can obtain the financial, technical, and organizational skills and resources, and the facilities and equipment, necessary to perform the contract in accordance with its terms;
2. (b) Have a satisfactory performance record;
3. (c) Have a satisfactory record of integrity and business ethics;
4. (d) Not be suspended, debarred, or otherwise ineligible to receive contracts from the District Government or the Federal Government;
5. (e) Meet any other qualification criteria that may be imposed by applicable laws or regulations;
6. (f) Have the necessary licenses, permits, and certifications to perform the contract; and
7. (g) Provide adequate evidence that it has paid all applicable District of Columbia and Federal taxes and filed District and Federal tax returns.

5013.2 The Contracting Officer shall make a written determination if the contractor is found to be non-responsible. Depending on the level of formality of the contract and at the Contracting Officer’s discretion, the Contracting Officer may make a written determination if the contractor is found to be responsible. Award of a contract shall be considered the Contracting Officer’s determination that the contractor is responsible.

5013.3 In evaluating a prospective contractor’s responsibility, a Contracting Officer may request information from the contractor and may also consider information available from other sources. Where necessary, the Contracting Officer may also perform a pre-award survey involving interviews with contractor personnel or visits to the contractor’s facilities. Information on the capabilities and suitability of proposed subcontractors also may be considered in evaluating responsibility.

5013.4 For all contracts that exceed $100,000, a potential contractor shall complete and submit with its bid or offer a certification developed by OAG to provide information needs to determine if a prospective contractor is responsible. The certification shall be signed under the penalty of perjury. The contractor shall update its responses in the certification during the term of the contract within 60

days of a material change in a response to its prior questionnaire and prior to the exercise of an option year contract.

SOURCE: Final Rulemaking published at 65 DCR 4406 (April 20, 2018).