(a) The CPO shall establish a process to certify, on a solicitation-by-solicitation basis, the responsibility of prospective contractors. The process shall ensure that the prospective contractor:

(1) Has adequate financial resources to perform the contract or the ability to obtain those resources;

(2) Is able to comply with the required or proposed delivery or performance schedule, based upon the bidder’s or offeror’s existing commercial and government contract commitments;

(3) Has a satisfactory performance record;

(4) Has a satisfactory record of integrity and business ethics;

(5) Has a satisfactory record of compliance with the law, including labor and civil rights laws and rules and part A of subchapter X of Chapter 2 of this title [§ 2-219.01 et seq.];

(6) Has, or has the ability to obtain, the necessary organization, experience, accounting, operational control, and technical skills;

(7) Has, or has the ability to obtain, the necessary production, construction, technical equipment, and facilities;

(8) Has not exhibited a pattern of overcharging the District;

(9) Does not have an outstanding debt with the District or the federal government in a delinquent status of more than the greater of $1,000 or 1% of the contract value, up to $25,000; and

(10) Is otherwise qualified and is eligible to receive an award under applicable laws and rules.

(b) If the District awards a contract to a prospective contractor that has an outstanding debt with the District in a delinquent status that is in an amount less than the amount required to disqualify the prospective contractor pursuant to subsection (a)(9) of this section, the District shall recoup the outstanding debt by offsetting it against any payment due to the contractor under the contract.

(Apr. 8, 2011, D.C. Law 18-371, § 301, 58 DCR 1185; Oct. 8, 2016, D.C. Law 21-158, § 3(h), 63 DCR 10752.)

This section is referenced in § 2-353.02.

For temporary (90 days) amendment of this section, see § 3(h) of Procurement Integrity, Transparency, and Accountability Emergency Amendment Act of 2016 (D.C. Act 21-504, Oct. 13, 2016, 63 DCR 12942).