106.1 To receive a contract from the Office, a contractor must be responsible. To be considered responsible, a contractor must:

(a) Have (or 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;

(b) Have a satisfactory performance record;

(c) Have a satisfactory record of integrity and business ethics;

(c) Have not been suspended, debarred, or otherwise ineligible to receive contracts from the District Government or the Federal Government;

(d) Meet any other qualification criteria that may be imposed by applicable laws or regulations; and

(e) Provide adequate evidence that it has paid and filed all applicable District of Columbia taxes and tax returns.

106.2 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.

106.3 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.

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11193 (November 26, 2010).