2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter II - Procurement Organization › § 2–352.04. Duties of the Chief Procurement Officer

§ 2–352.04. Duties of the Chief Procurement Officer.
(a) The Chief Procurement Officer shall be the chief procurement official of the District.
(b) The CPO shall have the following authority and responsibility:
(1) To serve as the central procurement and contracting officer for the District;
(2) To identify gaps, omissions, or inconsistencies in procurement laws, rules, and policies, or in laws, rules and policies affecting procurement-related activities, and to recommend changes to laws, rules, and procedures;
(3) To provide overall leadership in the implementation of procurement rules, coordinate all procurement activities of the District government in accordance with the provisions of this chapter, and develop a system of unified and simplified procurement procedures and forms.
(4) To prepare and issue standard specifications for goods, services, and construction required by the District government;
(5) To establish a standardization program for goods and services when it is determined to be in the best interests of the District;
(6) To review, monitor, and audit the procurement activities of the District;
(7) To prepare, establish, and implement a periodic review process for the evaluation of contractors who provide goods or services to the District;
(8) To identify and assess trends and developments in the field of government contracting, including identifying best practices and innovation opportunities for the District;
(9) To operate and maintain an electronic procurement system;
(10) To sell, trade, or otherwise dispose of surplus goods belonging to the District government;
(11) To establish procedures for the inspection, testing, and acceptance of goods, services, and construction;
(12) To develop guidelines for the recruitment, training, career development, and performance evaluation of all procurement personnel;
(13) To staff OCP with procurement professionals, including attorneys, dedicated to the formation and administration of contracts on behalf of the entities covered by this chapter;
(14) To create and maintain a transparent Internet site, accessible to the public, providing information on solicitations, contracts, and related laws, rules, and policies;
(15) To promote to the purchase of environmentally preferable products and services;
(16) To establish certification requirements for contracting personnel;
(17) To issue a report to the Mayor and the Council by April 1, 2021, that includes:
(A) A review and analysis of the funding of indirect costs in the terms of grant agreements or contracts entered into between nonprofit organizations and the District government;
(B) A table listing the federal funding associated with contracts or grants passed through to nonprofit organizations by the District government in Fiscal Year 2020, including any funding passed through to nonprofit organizations to meet their indirect costs and any funding retained by the District rather than being passed through for this purpose; and
(C) Any recommended amendments to law, regulations, policy, or training in order to ensure the legal, fair, and consistent funding of indirect costs to nonprofit organizations by the District; and
(18) To issue a report to the Mayor and the Council no later than October 22, 2021, that includes:
(A) A review and analysis of emergency procurements conducted during the public health emergency that began on March 11, 2020 ("Public Health Emergency") that includes:
(i) A comprehensive listing of each emergency procurement conducted, including:
(I) The date of contract award;
(II) The source selection method, including whether the procurement was competitively sourced;
(III) The name and certified business enterprise status of the awardee;
(IV) The award amount;
(V) The category of goods or services procured; and
(VI) A description of the specific goods or services procured;
(ii) A breakdown of expenditures by funding source, including the extent to which funds have been reimbursed by the federal government, or are in process of reimbursement;
(iii) The value of goods or services procured by each agency;
(iv) A listing of inventory levels by product type on the date of the last day of the Public Health Emergency;
(v) A list of any IDIQ contracts awarded under the Public Health Emergency, including the value of orders placed against each IDIQ contract;
(vi) A process map of the emergency procurement process used during the Public Health Emergency, including receipt of goods, quality assurance, and inventory and distribution steps;
(vii) Any lessons learned or areas for improvement in the effective management of emergency procurements;
(viii) A plan for disposition of any excess supplies and equipment; and
(ix) A plan for retaining or decommissioning the additional warehouse space acquired during the Public Health Emergency;
(B) An analysis of emergency procurements with certified local, small, or disadvantaged business enterprises, as defined in § 2-218.02, including:
(i) The total value of procurements with certified business enterprises relative to the total value of emergency procurements;
(ii) The number of emergency procurement contracts awarded to certified business enterprises relative to the total number of emergency procurement contracts awarded;
(iii) The number of distinct certified business enterprises that received an emergency procurement award; and
(iv) An analysis of the types of goods or services the District needed, when no more than 2 certified business enterprises were capable of performing the contract requirements.
(Apr. 8, 2011, D.C. Law 18-371, § 204, 58 DCR 1185; Dec. 3, 2020, D.C. Law 23-149, § 1082, 67 DCR 10493; Nov. 13, 2021, D.C. Law 24-45, § 1012, 68 DCR 010163; Sept. 21, 2022, D.C. Law 24-169, § 2(a), 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(a) 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 § 2 of Analyzing Additional Emergency Procurement Activity Emergency Amendment Act of 2021 (D.C. Act 24-244, Dec. 14, 2021, 68 DCR 013511).
For temporary (90 days) amendment of this section, see § 1012 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 2 of Analyzing Additional Emergency Procurement Activity Temporary Amendment Act of 2021 (D.C. Law 24-76, Feb. 24, 2022, 69 DCR 000211).