2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter I - General Provisions › § 2–351.05. Application; exemptions

§ 2–351.05. Application; exemptions.
(a) Except as provided in this section, this chapter, except for § 2-352.02, shall apply to all subordinate agencies, instrumentalities, and employees of the District government, independent agencies, boards, and commissions.
(b) Only §§ 2-351.02, 2-351.03, 2-351.04, and subchapters III, IV, V, VII, IX, X, XI, and XII of this chapter shall apply to the Council. The duties of the CPO shall be exercised by the Council for the purposes of the application of those sections and subchapters to the Council. Notwithstanding § 2-352.01, the Mayor or the CPO shall not have the authority to monitor, review, or establish standards, procedures, regulations, or rules for contracts or procurements of the Council, unless authorized by the Council.
(c) This chapter, except for § 2-352.02, shall not apply to:
(1) The acquisition, disposition, or transfer of a real property asset or interest in a real property asset by lease, purchase, sale, or other method;
(2) A transaction pursuant to the subchapter I of Chapter 11 of Title 10 [§ 10-1101.01 et seq.];
(3) The District of Columbia Housing Finance Agency;
(4) The District of Columbia courts;
(5) The District Public Defender Service;
(6) The District of Columbia Advisory Neighborhood Commissions;
(7) The District of Columbia Water and Sewer Authority;
(8) Repealed.
(9) The Washington Convention and Sports Authority;
(10) The District of Columbia Auditor;
(11) The Not-for-Profit Hospital Corporation;
(12) A contract or agreement receiving or making grants or loans or for federal financial assistance;
(13) The procurement of services for the design, development, construction, and maintenance of a facility on real property that has been disposed of pursuant to District law or on District-owned real property adjacent to a disposed-of property; provided, that the construction of the facility be required by a Land Disposition Agreement, or similar agreement, governing the disposition of the real property;
(14) The District of Columbia Retirement Board;
(15) The procurement of services for the demolition of an existing facility and the design, development, and construction of a facility comprised of a fire station and office space for the Fire and Emergency Medical Services Department on real property located at Butternut Street and Georgia Avenue, N.W., at the Walter Reed Army Medical Center;
(16) The procurement of goods and services directly related to the production of permanent supportive housing units for which the District has obligated funding pursuant to an agreement between any combination of the following agencies:
(A) District of Columbia Department of Housing and Community Development;
(B) District of Columbia Housing Finance Agency;
(C) District of Columbia Housing Authority;
(D) Department of Human Services;
(E) Department of Behavioral Health; and
(F) Any other agency that has entered into an agreement with any of the agencies listed in subparagraphs (A) through (E) of this paragraph directly related to the production of permanent supportive housing;
(16A) Procurements by the District of Columbia Housing Authority involving the expenditure of federal funds as provided for in § 6-219;
(17) Repealed.
(18) Captive Insurance Agency;
(19) The Office of Public-Private Partnerships; provided that §§ 2-352.02, 2-354.15, and subchapter X of this chapter shall apply;
(20) The Green Finance Authority; and
(21) Repealed.
(22) The District of Columbia Health Benefit Exchange Authority.
(Apr. 8, 2011, D.C. Law 18-371, § 105, 58 DCR 1185; Sept. 14, 2011, D.C. Law 19-21, § 1032(c), 58 DCR 6226; Dec. 2, 2011, D.C. Law 19-50, § 2, 58 DCR 8947; Sept. 26, 2012, D.C. Law 19-171, § 15(a), 59 DCR 6190; Mar. 14, 2014, D.C. Law 20-94, § 2(a), 61 DCR 963; Mar. 11, 2015, D.C. Law 20-228, § 201, 62 DCR 261; Oct. 8, 2016, D.C. Law 21-158, § 3(b), 63 DCR 10752; Oct. 8, 2016, D.C. Law 21-160, § 1043, 63 DCR 10775; Aug. 22, 2018, D.C. Law 22-155, § 605(c), 65 DCR 7159; Sept. 11, 2019, D.C. Law 23-16, § 7125, 66 DCR 8621; Dec. 3, 2020, D.C. Law 23-149, § 7106, 67 DCR 10493; Mar. 16, 2021, D.C. Law 23-223, § 3, 68 DCR 001108; Sept. 6, 2023, D.C. Law 25-50, § 2013(a), 70 DCR 10366.)
Section References
This section is referenced in § 2-352.01, § 2-360.03, § 38-1202.06, § 39-105, and § 50-921.02.
Effect of Amendments
D.C. Law 19-21 repealed subsec. (c)(8), which had read as follows: “(8) The Office of Public Education Facilities Modernization;”
D.C. Law 19-50, in subsec. (c), deleted “and” from the end of par. (11 ), substituted “; and” for a period the end of par. (12 ), and added pars. ( 13) to (15).
The 2012 amendment by D.C. Law 19-171 validated a previously made technical correction in (c)(13).
The 2014 amendment by D.C. Law 20-94, § 2(a)(1), substituted “This chapter, except for § 2-352.02” for “This chapter” in the introductory language of (c).
The 2014 amendment by D.C. Law 20-94, § 2(a)(2)-(4), added (c)(16) through (c)(18) and made related changes.
The 2015 amendment by D.C. Law 20-228 added (c); and made related changes.
Expiration of Law
Section 2 of D.C. Law 23-223 provided that § 2(a)(2), (3), and (4) of the act shall expire on September 30, 2023.
Section 1012 of D.C. Law 22-168 provided that §§ 2(a)(2), (3), and (4) and 3(a) of the act shall expire on September 30, 2023.
The second Section 3 of D.C. Law 20-94 provided that §§ 2(a)(2), (3), and (4) and 3(a) of the act shall expire at the end of fiscal year 2018 [September 30, 2018].
Emergency Legislation
For temporary (90 days) amendment of this section, see § 3(a) of District of Columbia Housing Authority Procurement Clarification Emergency Amendment Act of 2023 (D.C. Act 25-114, May 24, 2023, 70 DCR 7942).
For temporary (90 days) amendment of this section, see § 7125 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).
For temporary (90 days) amendment of this section, see § 7125 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).
For temporary (90 days) amendment of this section, see § 2 of Council Procurement Authority Emergency Act of 2019 (D.C. Act 23-88, July 17, 2019, 66 DCR 8491).
For temporary (90 days) epiration of law, see § 1012 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).
For temporary (90 days) epiration of law, see § 1012 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).
For temporary (90 days) amendment of this section, see § 2 of Department of Health Care Finance Independent Procurement Authority Emergency Amendment Act of 2017 (D.C. Act 22-204, Dec. 13, 2017, 64 DCR 12559).
For temporary (90 days) amendment of this section, see § 3(b) of Procurement Integrity, Transparency, and Accountability Emergency Amendment Act of 2016 (D.C. Act 21-504, Oct. 13, 2016, 63 DCR 12942).
For temporary (90 day) amendment of section, see § 1012(c) of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).
For temporary (90 day) amendment of section, see § 2 of Building 18 Procurement Authority Emergency Amendment Act of 2011 (D.C. Act 19-127, August 1, 2011, 58 DCR 6770).
For temporary (90 day) amendment of section, see § 2(a) of District of Columbia Retirement Board Procurement Exemption Emergency Amendment Act of 2011 (D.C. Act 19-144, August 9, 2011, 58 DCR 6821).
For temporary (90 days) amendment of this section, see § 2 of the Permanent Supportive Housing Application Streamlining Emergency Act of 2013 (D.C. Act 20-43, March 26, 2013, 60 DCR 5379, 20 DCSTAT 544).
For temporary (90 days) amendment of this section, see § 3 of the Health Benefit Exchange Authority Establishment Emergency Amendment Act of 2013 (D.C. Act 20-49, April 15, 2013, 60 DCR 6337, 20 DCSTAT 1355).
For temporary (90 days) amendment of this section, see § 3 of the Health Benefit Exchange Authority Establishment Congressional Review Emergency Act of 2013 (D.C. Act 20-125, July 26, 2013, 60 DCR 11136, 20 DCSTAT 1821).
For temporary (90 days) amendment of this section, see § 2(a) of the Procurement Practices Reform Exemption Emergency Amendment Act of 2014 (D.C. Act 20-282, February 20, 2014, 61 DCR 1576).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 3(a) of District of Columbia Housing Authority Procurement Clarification Temporary Amendment Act of 2023 (D.C. Law 25-40, Aug. 17, 2023, 70 DCR 9040).
For temporary (225 days) amendment of this section, see § 2 of Department of Health Care Finance Independent Procurement Authority Temporary Amendment Act of 2017 (D.C. Law 22-63, Feb. 17, 2018, 65 DCR 11).
For temporary (225 days) amendment of this section, see § 2 of the Permanent Supportive Housing Application Streamlining Temporary Amendment Act of 2013 (D.C. Law 20-6, June 22, 2013, 60 DCR 6388, 20 DCSTAT 1274).
For temporary (225 days) amendment of this section, see § 3 of the Health Benefit Exchange Authority Establishment Temporary Amendment Act of 2013 (D.C. Law 20-11, July 13, 2013, 60 DCR 7236, 20 DCSTAT 1757).
Editor's Notes
Applicability of D.C. Law 20-228: Section 301 of D.C. Law 20-228, codified as §  2-274.01, provided for the issuance of rules to implement the provisions of D.C. Law 20-228.
Applicability of D.C. Law 20-228: Section 302 of D.C. Law 20-228, codified as §  2-275.01, provided for the applicability and construction of D.C. Law 20-228.