reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter IX - Prohibited Actions; Remedies › § 2–359.01. Oral agreements

§ 2–359.01. Oral agreements.
(a) A District employee shall not enter into an oral agreement with a contractor to provide goods or services to the District government without a valid written contract. A violation of this paragraph shall be cause for termination of employment of the District employee.
(b) A District employee shall not authorize payment for the value of goods or services received without a valid written contract. This subsection shall not apply to a payment required by court order, a final decision of the Contract Appeals Board, a settlement, or an approval by the CPO in accordance with subsection (d) of this section.
(c) Except as authorized under subsection (d) of this section, a contractor who enters into an oral agreement with a District employee to provide goods or services to the District government without a valid written contract shall not be paid. If the oral agreement was entered into by a District employee at the direction of a supervisor, the supervisor shall be terminated.
(d)(1) The CPO shall review, verify, and either approve or disapprove a request submitted by an agency director for authorization for payment for goods or services received without a valid written contract. A request shall not be approved without written notification of the disciplinary action taken by the relevant personnel authority against the responsible employee.
(2) If the employee who authorized payment or delivery of goods or services without a valid written contract is the CPO, the matter shall be referred to the Mayor for appropriate disciplinary action and the Mayor shall state in writing the disciplinary action taken before the CPO may approve or disapprove the request.
(3) The disciplinary action prescribed by this paragraph shall be in accordance with subchapter XVI-A of Chapter 6 of Title 1 [§ 1-616.51 et seq.].
(Apr. 8, 2011, D.C. Law 18-371, § 901, 58 DCR 1185.)
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter IX - Prohibited Actions; Remedies › § 2–359.02. Improper contracts

§ 2–359.02. Improper contracts.
(a) A contract entered into in violation of this chapter or the rules issued pursuant to this chapter shall be void.
(b) A contract entered into in violation of this chapter or the rules issued pursuant to this chapter shall not be void if:
(1) It is determined in a proceeding pursuant to this chapter or subsequent judicial review that good faith has been shown by all parties; and
(2) The violation of the provisions of this chapter and the rules issued pursuant to this chapter was de minimis.
(c) If a contract is determined to be void under subsection (a) of this subsection, a contractor who has entered into the contract in good faith, without directly contributing to a violation and without knowledge of any violation of the act or rules issued pursuant to this chapter prior to the awarding of the contract, shall be compensated for costs actually incurred until the date that the contract was determined to be void.
(Apr. 8, 2011, D.C. Law 18-371, § 902, 58 DCR 1185.)
Section References
This section is referenced in § 2-360.08.
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter IX - Prohibited Actions; Remedies › § 2–359.03. Termination of contracts

§ 2–359.03. Termination of contracts.
(a) The CPO may terminate, without liability, any contract if:
(1) The contractor has been convicted of a crime arising out of or in connection with the procurement of any work to be done or any payment to be made under the contract; or
(2) There has been a violation of this chapter.
(b) If a contract is terminated pursuant to this section, the contractor shall:
(1) Be paid only the actual costs of the work performed to the date of termination, plus termination costs, if any;
(2) Refund, and the CPO shall recover, all profits or fixed fees realized under the contract; and
(3) Refund, and the CPO shall recover, any other fee, commission, percentage, gift, compensation, or similar consideration paid, including contingent fees and brokerage fees.
(c) The rights and remedies in this section shall be in addition to any other right or remedy provided by law and the exercise of any of them shall not constitute a waiver of any other right or remedy provided by law.
(Apr. 8, 2011, D.C. Law 18-371, § 903, 58 DCR 1185.)
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter IX - Prohibited Actions; Remedies › § 2–359.04. Sovereign immunity defense not available

§ 2–359.04. Sovereign immunity defense not available.
Unless otherwise specifically provided by law of the District, the District government and every officer, department, agency, or other unit of the District government shall not raise the defense of sovereign immunity in the courts of the District in an action based upon a written procurement contract executed on behalf of the District government.
(Apr. 8, 2011, D.C. Law 18-371, § 904, 58 DCR 1185.)
Prior Codifications
2001 Ed., § 2-308.01.
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter IX - Prohibited Actions; Remedies › § 2–359.05. District government not liable for punitive damages

§ 2–359.05. District government not liable for punitive damages.
In an action in contract based upon a written contract executed on behalf of the District government, or by an official or employee acting within the scope of the official’s or the employee’s authority, the District government, and its officers, departments, agencies, or other units of government, shall not be liable for punitive damages.
(Apr. 8, 2011, D.C. Law 18-371, § 905, 58 DCR 1185.)
Prior Codifications
2001 Ed., § 2-308.02.
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter IX - Prohibited Actions; Remedies › § 2–359.06. Claims by District government against contractors

§ 2–359.06. Claims by District government against contractors.
(a)(1) All claims by the District government against a contractor arising under or relating to a contract shall be decided by the contracting officer, who shall issue a decision in writing and furnish a copy of the decision to the contractor.
(2) The decision shall be supported by reasons and shall inform the contractor of his or her rights as provided in this subchapter. Specific findings of fact shall not be required, but, if made, shall not be binding in any subsequent proceeding.
(3) This subsection shall not apply to a claim or dispute for penalties or forfeitures prescribed by a law or rule which another District government agency is specifically authorized to administer, settle, or determine.
(4) This subsection shall not authorize the contracting officer to settle, compromise, pay, or otherwise adjust any claim involving fraud.
(b) The decision of the contracting officer shall be final and not subject to review unless an administrative appeal or action for judicial review is timely commenced as authorized by § 2-360.04.
(c) This subchapter shall not prohibit the contracting officer from including a clause in District government contracts requiring that pending final decision of an appeal, action, or final settlement, a contractor shall proceed diligently with performance of the contract in accordance with the decision of the contracting officer.
(Apr. 8, 2011, D.C. Law 18-371, § 906, 58 DCR 1185.)
Prior Codifications
2001 Ed., § 2-308.03.
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter IX - Prohibited Actions; Remedies › § 2–359.08. Claims by contractors against the District government

§ 2–359.08. Claims by contractors against the District government.
(a) All claims by a contractor against the District government arising under or relating to a contract shall be in writing and shall be submitted to the contracting officer for a decision.
(b) Within 120 days after receipt of a claim, the contracting officer shall issue a decision, whenever possible taking into account factors such as the size and complexity of the claim and the adequacy of the information in support of the claim provided by the contractor.
(c) Any failure by the contracting officer to issue a decision on a contract claim within the required time period shall be deemed to be a denial of the claim and shall authorize the commencement of an appeal on the claim as otherwise provided in this subchapter.
(d)(1) If a contractor is unable to support any part of his or her claim and it is determined that the inability is attributable to a material misrepresentation of fact or fraud on the part of the contractor, the contractor shall be liable to the District government for an amount equal to the unsupported part of the claim in addition to all costs to the District government attributable to the cost of reviewing that part of the contractor’s claim.
(2) Liability under this section shall be determined within 6 years of the commission of the misrepresentation of fact or fraud.
(Apr. 8, 2011, D.C. Law 18-371, § 908, 58 DCR 1185.)
Prior Codifications
2001 Ed., § 2-308.05.
Section References
This section is referenced in § 2-360.04.
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter IX - Prohibited Actions; Remedies › § 2–359.09. Interest

§ 2–359.09. Interest.
Interest on amounts found due to a contractor on claims shall be payable at a rate set in § 28-3302(b) applicable to judgments against the District government from the date the contracting officer receives the claim until payment of the claim. Interest on amounts found due to the District from a contractor on claims shall be payable at the rate set in § 28-3302(b) applicable to judgments against the District government from the date the contractor receives a contracting officer’s written decision asserting the claim on behalf of the District until payment of the claim.
(Apr. 8, 2011, D.C. Law 18-371, § 909, 58 DCR 1185.)
Prior Codifications
2001 Ed., § 2-308.06.
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter IX - Prohibited Actions; Remedies › § 2–359.10. Employees subject to employee conduct standards of Merit Personnel Act

§ 2–359.10. Employees subject to employee conduct standards of Merit Personnel Act.
(a) Except for those District government employees employed by agencies not subject to Chapter 6 of Title 1 [§ 1-601.01 et seq.], District government employees who participate in the procurement process shall be subject to the provisions of subchapter XVIII of Chapter 6 of Title 1 [§ 1-618.01 et seq.].
(b) Participation in the procurement process shall include involvement, either directly or indirectly, in:
(1) The decision, approval, disapproval, recommendation, or preparation of any part of a purchase request;
(2) Influencing the content of any specification or purchase standard;
(3) Rendering of advice;
(4) An investigation or audit; or
(5) Any other advisory capacity pertaining to any contract, subcontract, solicitation, or proposal.
(Apr. 8, 2011, D.C. Law 18-371, § 910, 58 DCR 1185.)
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter X - Contract Appeals Board › § 2–360.01. Creation of Contract Appeals Board

§ 2–360.01. Creation of Contract Appeals Board.
(a)(1) There is established in the executive branch of the District government a Contract Appeals Board (“Board”) to be composed of a chairperson and 2 other members.
(2) The members shall be appointed as administrative judges in the Career Service and shall not be removed except for cause.
(3) The chairperson and members of the Board shall be appointed by the Mayor with the advice and consent of the Council, and shall serve full-time.
(b) The Board shall adopt operational procedures, not inconsistent with this chapter, necessary to execute the Board’s functions. The chairperson’s authority may be delegated to the Board’s members and employees, but only members of the Board may hear appeals and issue decisions on the appeals. The attendance of at least 2 members of the Board shall constitute a quorum.
(c)(1) The Office of the Attorney General may provide for the Board those goods, materials, and administrative services that the chairperson requests, on a basis, reimbursable or otherwise, agreed upon between the Office of the Attorney General and the chairperson.
(2) All costs of hearings before the Board, including witness fees and costs of transcripts, shall be borne by the agency from which the appeal originated through direct billing.
(3) The Board shall use any fees received pursuant to § 2-360.03 at the discretion of the Chairperson to improve the Board’s services and programs, including the option to provide incentive awards to Board personnel consistent with subchapter XIX of Chapter 6 of Title 1 [§ 1-619.01 et seq.].
(Apr. 8, 2011, D.C. Law 18-371, § 1001, 58 DCR 1185.)
Prior Codifications
2001 Ed., § 2-309.01.
Section References
This section is referenced in § 1-523.01.
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter X - Contract Appeals Board › § 2–360.02. Terms and qualifications of members

§ 2–360.02. Terms and qualifications of members.
(a)(1) The term of office of the chairperson and other full-time members of the Board shall be 4 years, except that in making the initial appointment, the Mayor shall appoint one members for a term of one year, one member for a term of 2 years, and the chairperson for a term of 3 years. The terms of the chairperson and members first appointed shall begin on the date that a majority of the first members are sworn in, which shall become the anniversary date for all subsequent appointments. Thereafter, their successors shall be appointed for terms of 4 years, or for the balance of any unexpired term, but members may continue to serve beyond their terms until their successors take office.
(2) The Mayor shall endeavor to nominate persons for appointment to the Board at least 30 days before the expiration of a member’s term.
(3) Members may be reappointed for succeeding terms.
(4) If there is no chairperson, or if the chairperson is absent or unable to serve, the member senior in length of service shall be acting chairperson.
(b) The chairperson and members of the Board shall be attorneys licensed to practice law in the District who shall have no less than 5 years experience in public contract law. All members of the Board shall have experience in the areas of procurement and contract law.
(c) Notwithstanding the provisions of this section, current members of the Contract Appeals Board, appointed pursuant to the District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; 32 DCR 7396) [§ 2-301.01 et seq.], serving on April 8, 2011, shall be considered qualified and may continue to serve as members of the Board.
(Apr. 8, 2011, D.C. Law 18-371, § 1002, 58 DCR 1185.)
Prior Codifications
2001 Ed., § 2-309.02.
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter X - Contract Appeals Board › § 2–360.03. Jurisdiction of Board

§ 2–360.03. Jurisdiction of Board.
(a) The Board shall be the exclusive hearing tribunal for, and shall review and determine de novo:
(1) Any protest of a solicitation or award of a contract addressed to the Board by any actual or prospective bidder, offeror, or the contractor who is aggrieved in connection with the solicitation or award of a contract;
(2) Any appeal by a contractor from a final decision by the contracting officer on a claim by a contractor, when the claim arises under or relates to a contract; and
(3) Any claim by the District against a contractor, when such claim arises under or relates to a contract.
(b) Jurisdiction of the Board shall be consistent with the coverage of this chapter as set forth in § 2-351.05, except that the Board may enter into fee-for-service agreements with agencies, departments, boards, commissions, and instrumentalities of the District or other public entities that are not subject to the Board’s jurisdiction. The agreements shall provide for the Board to resolve contract disputes, including appeals and protests of those agencies, departments, boards, commissions, and instrumentalities. With agreements of the parties, the Board may provide alternate dispute resolution services.
(Apr. 8, 2011, D.C. Law 18-371, § 1003, 58 DCR 1185.)
Prior Codifications
2001 Ed., § 2-309.03.
Section References
This section is referenced in § 2-360.01.
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter X - Contract Appeals Board › § 2–360.04. Contractor’s right of appeal to Board

§ 2–360.04. Contractor’s right of appeal to Board.
(a) Except as provided in § 2-359.08, within 90 days after the date of receipt of a decision of the contracting officer, the contractor may appeal the decision to the Board by filing a complaint.
(b) The Board shall provide, to the fullest extent practicable, informal, expeditious, and inexpensive resolution of disputes, shall issue a decision in writing, or take other appropriate action on each appeal submitted, and shall mail or otherwise furnish a copy of the decision to the contractor and the Mayor. All decisions which constitute a final adjudication of appeal on the merits shall be published in the District of Columbia Register.
(c)(1) The rules of the Board shall include a procedure for the accelerated disposition of any appeal from a decision of the contracting officer if the amount in dispute is $50,000 or less.
(2) The procedure shall be applicable at the sole election of the contractor.
(3) Appeals under the accelerated procedure shall be resolved within 180 days from the date the contractor elects to utilize the procedure.
(d)(1) The rules of the Board shall include a small claims procedure for the expedited disposition of any appeal from a decision of the contracting officer if the amount in dispute is $10,000 or less. The procedure shall be applicable at the sole election of the contractor.
(2) The small claims procedure shall provide for simplified rules of procedure to facilitate the decision of any appeal. The appeals may be decided by a single member of the Board with any concurrences required by rule.
(3) Appeals under the small claims procedure shall be resolved, whenever possible, within 90 days from the date on which the contractor files an appeal.
(4) A decision against the District government or the contractor reached under the small claims procedure shall be final and conclusive and shall not be set aside except in cases of fraud.
(5) Administrative determinations and final decisions under the small claims procedure shall have no value as precedent for future cases under this subchapter.
(Apr. 8, 2011, D.C. Law 18-371, § 1004, 58 DCR 1185.)
Prior Codifications
2001 Ed., § 2-309.04.
Section References
This section is referenced in § 2-359.06.
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter X - Contract Appeals Board › § 2–360.05. Appeal of Board decisions

§ 2–360.05. Appeal of Board decisions.
(a) A contractor may appeal a Board decision to the District of Columbia Court of Appeals within 120 days after the date of receipt of a copy of the decision.
(b) If the CPO determines that an appeal should be taken, the CPO, with the prior approval of the Office of the Attorney General, may appeal the Board’s decision to the District of Columbia Court of Appeals for judicial review within 120 days from the date of the receipt of the Board’s decision.
(Apr. 8, 2011, D.C. Law 18-371, § 1005, 58 DCR 1185.)
Prior Codifications
2001 Ed., § 2-309.05.
Section References
This section is referenced in § 2-360.07.
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter X - Contract Appeals Board › § 2–360.06. Oaths, discovery, and subpoena power

§ 2–360.06. Oaths, discovery, and subpoena power.
(a) A member of the Board may administer oaths to witnesses, authorize depositions and discovery proceedings, and require by subpoena the attendance of witnesses and production of books and papers for the taking of testimony or evidence by deposition or in the hearing of an appeal by the Board.
(b) If any witness, having been personally served with a subpoena, shall neglect or refuse to obey the subpoena issued, on written application, the Board may report the fact of the neglect or refusal to a judge of the Superior Court for the District of Columbia who may compel obedience to the subpoena.
(Apr. 8, 2011, D.C. Law 18-371, § 1006, 58 DCR 1185.)
Prior Codifications
2001 Ed., § 2-309.06.
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter X - Contract Appeals Board › § 2–360.07. Actions in court; judicial review of Board decisions

§ 2–360.07. Actions in court; judicial review of Board decisions.
In the event of an appeal by a contractor or the CPO from a decision of the Board pursuant to § 2-360.05, notwithstanding any contract provision, rule, or rule of law to the contrary, the decision of the Board on questions of fact shall be final and conclusive and shall not be set aside unless the decision is fraudulent, arbitrary, capricious, or so grossly erroneous as to necessarily imply bad faith, or if the decision is not supported by substantial evidence.
(Apr. 8, 2011, D.C. Law 18-371, § 1007, 58 DCR 1185.)
Prior Codifications
2001 Ed., § 2-309.07.
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter XI - Miscellaneous Provisions › § 2–361.02. Payment of stipends authorized

§ 2–361.02. Payment of stipends authorized.
(a) The contracting officer may pay a stipend to cover a portion of bid or proposal development costs to an unsuccessful responsible offeror that submits a responsive proposal to a solicitation to generate meaningful competition and to ensure that small businesses are not competitively disadvantaged.
(b) The contracting officer shall determine the number and amount of the stipends, if any.
(c) In consideration for paying the stipend fee, the District may use any ideas or information contained in the proposals in connection with any contract awarded for the project, or in connection with a subsequent procurement, without any obligation to pay any additional compensation to the unsuccessful offerors.
(d)(1) Notwithstanding the other provisions of this section, an unsuccessful offeror may elect to waive the stipend.
(2) If an unsuccessful offeror elects to waive the stipend, the District shall not use ideas and information contained in the offeror’s proposal; provided, that this restriction shall not prevent the District from using any idea or information if the idea or information is also included in a proposal of an offeror that accepts the stipend.
(Apr. 8, 2011, D.C. Law 18-371, § 1102, 58 DCR 1185.)
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter XI - Miscellaneous Provisions › § 2–361.03. Supply schedule, purchase card, and training funds

§ 2–361.03. Supply schedule, purchase card, and training funds.
(a) The CPO may charge and collect a fee, in an amount to be determined by rule, on all sales, purchase orders, delivery orders, task orders, and purchase card transactions made under contracts awarded to contractors under the DCSS.
(b) The CPO may charge a fee for training conducted by the procurement training institute established pursuant to § 2-352.06.
(c) Subject to the terms of any memoranda of understanding with the Chief Financial Officer regarding adherence to the applicable requirements of federal grants, loans, or other extensions of credit to the District, the Chief Procurement Officer shall collect any rebates issued to the District by the purchase card issuers under the Purchase Card Program.
(d) All funds received pursuant to this section shall be deposited in the unrestricted fund balance of the General Fund of the District of Columbia.
(Apr. 8, 2011, D.C. Law 18-371, § 1103, 58 DCR 1185; Sept. 14, 2011, D.C. Law 19-21, § 9024, 58 DCR 6226; Sept. 26, 2012, D.C. Law 19-171, § 15(b), 59 DCR 6190.)
Section References
This section is referenced in § 2-352.06 and § 2-354.11.
Effect of Amendments
D.C. Law 19-21 rewrote subsec. (d).
The 2012 amendment by D.C. Law 19-171 rewrote the section heading, which formerly read: “District of Columbia Supply Schedule, Purchase Card, and Training Fund.”
Emergency Legislation
For temporary (90 days) requirement that the Chief Financial Officer shall assign an individual agency-level code for transactions made pursuant to the Purchase Card Program, see § 2232 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).
For temporary (90 days) requirement that the Chief Financial Officer shall assign an individual agency-level code for transactions made pursuant to the Purchase Card Program, see § 2232 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
Editor's Notes
For the repeal of a requirement that the Chief Financial Officer shall assign an individual agency-level code for transactions made pursuant to the Purchase Card Program, see section 7003 of D.C. Law 24-167.
For the repeal, on an emergency basis, of a requirement that the Chief Financial Officer shall assign an individual agency-level code for transactions made pursuant to the Purchase Card Program, see section 7003 of D.C. Act 24-470.
For a requirement that the Chief Financial Officer shall assign an individual agency-level code for transactions made pursuant to the Purchase Card Program, see section 2232 of D.C. Law 22-33.
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter XI - Miscellaneous Provisions › § 2–361.04a. Vendor portal

§ 2–361.04a. Vendor portal.
(a) The Mayor shall establish and maintain on the Internet a publicly accessible website containing a portal which shall, at a minimum:
(1) Show payments made by the District of Columbia government to contractors, searchable by purchase order number, invoice number, check number, voucher number, or any combination of the aforementioned necessary to identify a particular payment; and
(2) Allow for electronic submission of invoices to the District by a contractor.
(b) The website may require registration to view payments to contractors shown pursuant to subsection (a)(1) of this section, but such registration shall not require the viewer to supply any identifying information except for the viewer's name, email address, and password.
(c) This section shall apply to payments made by, and invoices submitted to, any agency that manages financial transactions through systems maintained by the Chief Financial Officer.
(Apr. 8, 2011, D.C. Law 18-371, § 1104a; as added July 3, 2018, D.C. Law 22-121, § 3(c), 65 DCR 5083.)
Applicability
Applicability of D.C. Law 22-121: § 7148 of D.C. Law 23-16 repealed § 4 of D.C. Law 22-121. Therefore the amendment of this section by D.C. Law 22-121 has been implemented.
Applicability of D.C. Law 22-121: § 4 of D.C. Law 22-121 provided that the addition of subsection (a)(2) of this section by § 3(c) of D.C. Law 22-121 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Emergency Legislation
For temporary (90 days) repeal of applicability provision of D.C. Law 22-121, see § 7148 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) repeal of applicability provision of D.C. Law 22-121, see § 7148 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter XI - Miscellaneous Provisions › § 2–361.05. Acquisition planning

§ 2–361.05. Acquisition planning.
(a) The CPO shall develop and implement a process by which each agency subject to the CPO’s procurement authority shall prepare and submit to the CPO an acquisition plan identifying the size and nature of the anticipated procurement workload for the following fiscal year.
(a-1) At a minimum, each agency acquisition plan shall contain anticipated procurement needs of the coming fiscal year with specific information on the following:
(1) Program-level needs;
(2) Anticipated multiyear procurements;
(3) Anticipated exercises of option periods of existing contracts;
(4) Expected major changes in ongoing or planned procurements;
(5) The guiding principles, overarching goals, and objectives of the agency's acquisitions of work, goods, and services; and
(6) Goals and plans for utilization of strategic sourcing.
(b) Each agency shall submit to the Council a summary of planned contracts for the upcoming fiscal year no later than the date of submission of the Mayor's proposed budget to the Council. Each summary, at a minimum, shall list each planned contract and the source of funding for each contract by program code in the budget.
(c) Not Funded.
(Apr. 8, 2011, D.C. Law 18-371, § 1105, 58 DCR 1185; Oct. 8, 2016, D.C. Law 21-158, § 3(r), 63 DCR 10752; Sept. 21, 2022, D.C. Law 24-169, § 2(c), 69 DCR 009204.)
Applicability
Applicability of D.C. Law 24-169: § 3 of D.C. Law 24-169 provided that the change made to this section by § 2(c) of D.C. Law 24-169 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 3(q) of Procurement Integrity, Transparency, and Accountability Emergency Amendment Act of 2016 (D.C. Act 21-504, Oct. 13, 2016, 63 DCR 12942).
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter XI - Miscellaneous Provisions › § 2–361.06. Rules

§ 2–361.06. Rules.
(a)(1) The CPO, pursuant to subchapter I of Chapter 5 of this title [§ 2-501 et seq.], shall issue rules to implement the provisions of this chapter.
(2) Notwithstanding paragraph (1) of this subsection, the Department of General Services, pursuant to subchapter I of Chapter 5 of this title, shall issue rules to implement the provisions of subchapter VI of this chapter for contracts within the authority of the Department of General Services.
(3) Notwithstanding paragraph (1) of this subsection, the Contract Appeals Board, pursuant subchapter I of Chapter 5 of this title, shall issue rules to implement the provisions of subchapter X of this chapter.
(b) The existing procurement rules, to the degree that they are consistent with this chapter, shall remain in effect until they are superseded by rules issued in accordance with subsection (a) of this section.
(c) A District government procurement rule or regulation promulgated pursuant to this chapter shall not change in any way a contractual commitment by the District government or of a contractor to the District government which was in existence on the effective date of the rule or regulation.
(Apr. 8, 2011, D.C. Law 18-371, § 1106, 58 DCR 1185; Oct. 8, 2016, D.C. Law 21-158, § 3(s), 63 DCR 10752; Dec. 13, 2017, D.C. Law 22-33, § 1132, 64 DCR 7652.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 1132 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).
For temporary (90 days) amendment of this section, see § 1132 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
For temporary (90 days) amendment of this section, see § 3(r) of Procurement Integrity, Transparency, and Accountability Emergency Amendment Act of 2016 (D.C. Act 21-504, Oct. 13, 2016, 63 DCR 12942).
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter XII - Repealed Provisions; Transfers and Continuation › § 2–362.02. Transfers and continuation

§ 2–362.02. Transfers and continuation.
All rules, orders, obligations, determinations, grants, contracts, licenses, and agreements shall continue in effect according to their terms until lawfully amended, repealed, or modified.
(Apr. 8, 2011, D.C. Law 18-371, § 1202, 58 DCR 1185.)
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter XII - Repealed Provisions; Transfers and Continuation › § 2–362.03. Applicability. [Repealed]

§ 2–362.03. Applicability. [Repealed]
Repealed.
(Apr. 8, 2011, D.C. Law 18-371, § 1203, 58 DCR 1185; Dec. 24, 2013, D.C. Law 20-61, § 7015, 60 DCR 12472.)
Emergency Legislation
For temporary (90 days) repeal of D.C. Law 18-371, § 1203, see § 7015 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).
For temporary (90 days) repeal of D.C. Law 18-371, § 1203, see § 7015 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).
Short Title
Section 7001 of D.C. Law 20-61 provided that Subtitle A of Title VII of the act may be cited as the “Subject to Appropriations Repealers Amendment Act of 2013”.
Editor's Notes
Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3B - Other Procurement Matters › Subchapter I - Procurement Related Claims › § 2–381.04. Relief from retaliatory actions

§ 2–381.04. Relief from retaliatory actions.
(a) Any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, agent, or associated others in furtherance of an action under this subchapter or other efforts to stop one or more violations of this subchapter.
(b) The relief authorized under subsection (a) of this section shall include:
(1) Reinstatement with the same seniority status that the employee, contractor, or agent would have had but for the discrimination;
(2) Two times the amount of back pay;
(3) Interest on the back pay; and
(4) Compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorneys’ fees.
(c) An action seeking relief under this section may be brought in the Superior Court of the District of Columbia; provided, that a civil action seeking relief under this section may not be brought more than 3 years after the date when the retaliation occurred.
(Feb. 21, 1986, D.C. Law 6-85, § 816, 32 DCR 7396; as added May 8, 1998, D.C. Law 12-104, § 2(g), 45 DCR 1687; Apr. 20, 1999, D.C. Law 12-264, § 10(c), 46DCR 2118; Sept. 26, 2012, D.C. Law 19-171, § 98(a), 59 DCR 6190; Mar. 19, 2013, D.C. Law 19-232, § 2(d), 59 DCR 13632.)
Prior Codifications
2001 Ed., § 2-308.16.
1981 Ed., § 1-1188.16.
Section References
This section is referenced in § 2-308.16.
Effect of Amendments
The 2012 amendment by D.C. Law 19-171 amended D.C. Law 19-21, § 9004(b) to repeal D.C. Law 6-85, § 820 instead of D.C. Law 6-85, § 816.
The 2013 amendment by D.C. Law 19-232 rewrote the section.
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3B - Other Procurement Matters › Subchapter I - Procurement Related Claims › § 2–381.05. Limitation of actions; burden of proof

§ 2–381.05. Limitation of actions; burden of proof.
(a) A civil action brought pursuant to § 2-381.03 may not be brought:
(1) More than 6 years after the date on which the violation of § 2-381.02 is committed; or
(2) More than 3 years after the date when facts material to the right of action are known or reasonably should have been known by the official of the District charged with the responsibility to act in those circumstances, but in no event more than 10 years after the date on which the violation of § 2-381.02 is committed, whichever occurs last.
(b) A civil action brought pursuant to § 2-381.03 may not be brought for activity prior to April 12, 1997.
(c) In any action brought pursuant to § 2-381.03, the District or the qui tam plaintiff shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence.
(d) Notwithstanding any other provision of law, a judgment of guilt in a criminal proceeding charging false statements or fraud, upon a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant from denying the essential elements of the offense in any action brought pursuant to § 2-308.15 which involves the same transaction as in the criminal proceeding.
(e)(1) If the District elects to intervene and proceed with an action brought under § 2-381.03, the District may file its own complaint or amend the complaint of a qui tam plaintiff who has brought an action under § 2-381.03(b) to clarify or add detail to the claims in which the District is intervening and to add any additional claims with respect to which the District contends it is entitled to relief.
(2) Any District pleading as provided for in this subsection shall relate back to the filing date of the complaint of the qui tam plaintiff who originally brought the action, and thereby comply with the statute of limitations as provided for in this subchapter, to the extent that the claim of the District arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of the qui tam plaintiff.
(Feb. 21, 1986, D.C. Law 6-85, § 817, 32 DCR 7396; as added May 8, 1998, D.C. Law 12-104, § 2(g), 45 DCR 1687; Apr. 20, 1999, D.C. Law 12-264, § 10(d), 46 DCR 2118; Mar. 19, 2013, D.C. Law 19-232, § 2(e), 59 DCR 13632.)
Prior Codifications
2001 Ed., § 2-308.17.
1981 Ed., § 1-1188.17.
Section References
This section is referenced in § 2-308.17.
Effect of Amendments
The 2013 amendment by D.C. Law 19-232 rewrote (a); and added (e).
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3B - Other Procurement Matters › Subchapter I - Procurement Related Claims › § 2–381.06. Remedies pursuant to other laws; severability of provisions; liberality of article construction

§ 2–381.06. Remedies pursuant to other laws; severability of provisions; liberality of article construction.
The provisions of this chapter are not exclusive, and the remedies provided for shall be in addition to any other remedies provided for in any other law or available pursuant to common law.
(Feb. 21, 1986, D.C. Law 6-85, § 818, 32 DCR 7396; as added May 8, 1998, D.C. Law 12-104, § 2(g), 45 DCR 1687.)
Prior Codifications
2001 Ed., § 2-308.18.
1981 Ed., § 1-1188.18.
Section References
This section is referenced in § 2-308.18.
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3B - Other Procurement Matters › Subchapter I - Procurement Related Claims › § 2–381.08. Antifraud fund. [Repealed]

§ 2–381.08. Antifraud fund. [Repealed]
Repealed.
(Feb. 21, 1986, D.C. Law 6-85, § 820, 32 DCR 7396; as added May 8, 1998, D.C. Law 12-104, § 2(g), 45 DCR 1687; Sept. 14, 2011, D.C. Law 19-21, §§ 1062, 9004(b), 58 DCR 6226; Sept. 26, 2012, D.C. Law 19-171, § 98(a), 59 DCR 6190.)
Prior Codifications
2001 Ed., § 2-308.20.
1981 Ed., § 1-1188.20.
Section References
This section is referenced in § 2-308.20.
Short Title
Short title: Section 1061 of D.C. Law 19-21 provided that subtitle F of title I of the act may be cited as “OIG Auditing Reform Amendment Act of 2011”.
Editor's Notes
Section 98(a) of D.C. Law 19-171 amended D.C. Law 19-21, § 9004(b) to repeal D.C. Law 6-85, § 820 instead of D.C. Law 6-85, § 816.
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3B - Other Procurement Matters › Subchapter I - Procurement Related Claims › § 2–381.09. Penalties for false representations

§ 2–381.09. Penalties for false representations.
Whoever makes or presents to any officer or employee of the District of Columbia government, or to any department or agency thereof, any claim upon or against the District of Columbia, or any department or agency thereof, knowing such claim to be false, fictitious, or fraudulent, shall be imprisoned not more than one year and assessed a fine of not more than $100,000 for each violation of this chapter. The Attorney General for the District of Columbia shall prosecute violations of this section. The fine set forth in this section shall not be limited by § 22-3571.01.
(Feb. 21, 1986, D.C. Law 6-85, § 821, 32 DCR 7396; as added May 8, 1998, D.C. Law 12-104, § 2(g), 45 DCR 1687; Mar. 19, 2013, D.C. Law 19-232, § 2(g), 59 DCR 13632; June 11, 2013, D.C. Law 19-317, § 112(a), 60 DCR 2064.)
Prior Codifications
2001 Ed., § 2-308.21.
1981 Ed., § 1-1188.21.
Section References
This section is referenced in § 2-308.21 and § 2-381.01.
Effect of Amendments
The 2013 amendment by D.C. Law 19-232 substituted “Attorney General for the District of Columbia” for “Corporation Counsel.”
The 2013 amendment by D.C. Law 19-317 added the last sentence.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 112(a) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).
Editor's Notes
Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3B - Other Procurement Matters › Subchapter I - Procurement Related Claims › § 2–381.10. Civil penalty inflation adjustment

§ 2–381.10. Civil penalty inflation adjustment.
The Attorney General for the District of Columbia is granted the authority to, at least once every 4 years, promulgate rules to adjust the amounts of the civil penalties listed in § 2-381.02 by the same amount that the Attorney General of the United States shall, from time to time, adjust the civil monetary penalties found in 31 U.S.C. § 3729 pursuant to the procedures described in the Federal Civil Penalties Inflation Adjustment Act of 1990, approved October 5, 1990 (104 Stat. 890; 28 U.S.C. § 2461 , note). Any increase to a civil penalty as provided in this section shall only apply to violations which occur after the date the increase takes effect.
(Feb. 21, 1986, D.C. Law 6-85, § 822; as added Mar. 19, 2013, D.C. Law 19-232, § 2(h), 59 DCR 13632.)
Effect of Amendments
The 2013 amendment by D.C. Law 19-232 added this section.
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3B - Other Procurement Matters › Subchapter II - Electronic Commerce; Acquisition and Disposition › § 2–381.21. Electronic transactions

§ 2–381.21. Electronic transactions.
(a) Notwithstanding any other provisions of this chapter, the CPO may acquire supplies and services through:
(1) Electronic solicitation and bid response; or
(2) Electronic auctions.
(b) In selecting one of the methods authorized by this section, upon proper validation and authorization, a contracting officer may accept electronic signatures for all electronic commerce transactions.
(Feb. 21, 1986, D.C. Law 6-85, § 1201; as added Oct. 22, 2009, D.C. Law 18-64, § 2(f), 56 DCR 6603.)
Prior Codifications
2001 Ed., § 2-312.01.
Section References
This section is referenced in § 2-312.01.
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3B - Other Procurement Matters › Subchapter II - Electronic Commerce; Acquisition and Disposition › § 2–381.22. Electronic procurement

§ 2–381.22. Electronic procurement.
(a) The CPO may issue a solicitation by any electronic medium, including the Internet, electronic mail, or disk medium.
(b) The CPO may accept responses to solicitations by any electronic medium, including the Internet, electronic mail, or disk medium.
(Feb. 21, 1986, D.C. Law 6-85, § 1202; as added Oct. 22, 2009, D.C. Law 18-64, § 2(f), 56 DCR 6603.)
Prior Codifications
2001 Ed., § 2-312.02.
Section References
This section is referenced in § 2-312.02.
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3B - Other Procurement Matters › Subchapter II - Electronic Commerce; Acquisition and Disposition › § 2–381.23. Electronic auctions

§ 2–381.23. Electronic auctions.
(a) The CPO may procure commercial products or commercial services through Reverse Auctions.
(b) The CPO may place any requirement for a commercial product or commercial service on an established online Reverse Auction exchange that would allow any bidder to competitively bid down the price of that commercial product or commercial service over a stated period of time established by the CPO.
(c) The CPO may establish an online auction exchange for the purposes of executing Reverse Auction transactions on behalf of the District.
(d) The CPO may establish an online standard auction exchange for the purpose of executing standard auction transactions on behalf of the District government.
(Feb. 21, 1986, D.C. Law 6-85, § 1203; as added Oct. 22, 2009, D.C. Law 18-64, § 2(f), 56 DCR 6603.)
Prior Codifications
2001 Ed., § 2-312.03.
Section References
This section is referenced in § 2-312.03.
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3B - Other Procurement Matters › Subchapter III - Year 2000 District Government Computer Liability Immunity › § 2–381.31. Immunity for Year 2000 system failures

§ 2–381.31. Immunity for Year 2000 system failures.
(a) No cause of action at law or in equity, nor any administrative action shall be maintained against the District government or its officers or employees, arising from a Year 2000 system failure.
(b) No cause of action at law or in equity, nor any administrative action shall be maintained against a District government vendor, arising from a Year 2000 system failure caused primarily by the vendor’s use of computer hardware, software, or equipment that is not Year 2000 complaint [compliant] and which is owned or provided by the District government, unless the action is maintained by the District government.
(c) All District government contracts executed after April 20, 1999 shall include a warranty of Year 2000 compliance for any goods or services provided pursuant to the contract, and shall state that the vendor is liable for any damages if the goods and services are not Year 2000 compliant.
(d) For the purposes of this subchapter:
(1) The term “Year 2000 compliance or compliant” means the capability of a computer software program, database, network, information system, computer device, or any equipment using microchips, to interpret, produce, generate, calculate, or to correctly account for a date in the year 2000 or in subsequent years.
(2) The term “Year 2000 system failure” means the failure of a computer software program, database, network, information system, computer device, or any equipment using microchips, to interpret, produce, generate, calculate, or to correctly account for a date in the year 2000 or in subsequent years.
(Apr. 20, 1999, D.C. Law 12-244, § 2, 46 DCR 1080; Sept. 26, 2012, D.C. Law 19-171, § 205, 59 DCR 6190.)
Prior Codifications
2001 Ed., § 2-323.01.
1981 Ed., § 1-1188.51.
Effect of Amendments
The 2012 amendment by D.C. Law 19-171 deleted “Notwithstanding § 2-308.01” at the beginning of (a); and made a related change.