reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter IV - Source Selection and Contract Formation › § 2–354.05. Emergency procurements

§ 2–354.05. Emergency procurements.
(a) Notwithstanding any other provision of this chapter, a contract may be awarded through an emergency procurement as defined by rules:
(1) When there is an imminent threat to the public health, welfare, property, or safety; or
(2) To prevent or minimize serious disruption in agency operations.
(b) Emergency procurements shall be made with as much competition as is practicable under the circumstances, based on the judgment and determination of the contracting officer.
(c) The contracting officer may issue oral orders or notices to proceed to contractors to provide services or goods to the District; provided, that the directive shall be reduced to writing within 3 business days after issuance and funding for the services or goods provided shall be certified by the appropriate fiscal official.
(d) Emergency procurement procedures shall not be used for contracts exceeding 90 days; provided, that if the development time for the good or service exceeds 90 days, the contract shall not exceed 120 days.
(e) The CPO shall make a determination and findings justifying the emergency procurement.
(f) Notice of all emergency procurements shall be made available on the Internet no more than 7 days after the contract is awarded. The notice shall include:
(1) The determination and findings required by subsection (e) of this section;
(2) A description of the item to be procured;
(3) The designated contractor; and
(4) A copy of the contract.
(Apr. 8, 2011, D.C. Law 18-371, § 405, 58 DCR 1185.)
Section References
This section is referenced in § 2-354.01, § 2-356.02, and § 31-3422.
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter IV - Source Selection and Contract Formation › § 2–354.06. Human care procurements

§ 2–354.06. Human care procurements.
(a) Notwithstanding any other provision of this chapter, the CPO may award a human care agreement for a human care service if the human care service to be provided is:
(1) Negotiated on a fee for service or unit-rate basis using benchmarks and quantifiable measurements that shall be uniformly applied to providers of the same service;
(2) Purchased at rates adopted by rule; or
(3) One that an agency typically purchases as needs arise, but for which the quantity, rate of utilization, delivery areas, or specific beneficiaries of the service cannot be accurately estimated at the outset of the procurement process.
(b) If a human care agreement for a human care service is to be awarded, the CPO shall publish a request for qualifications that:
(1) States the general requirements for the service; and
(2) Requests interested service providers to respond in writing with a statement of their qualifications to perform the service on a form prescribed by the CPO.
(c) The CPO shall retain statements of qualifications submitted by providers for 3 years.
(d) The CPO may conduct negotiations for a human care agreement with any responsible service provider who has submitted a statement of qualifications, without any additional public notice or solicitation required, to satisfy all or part of the District’s anticipated requirements for a particular human care service.
(e) Before conducting negotiations with a service provider, the CPO shall issue a determination and findings that the service provider is responsible in accordance with subchapter III of this chapter.
(f) The CPO may authorize the use of vouchers to authorize the delivery of service provided by service providers who enter into human care agreements.
(g) The CPO shall provide public notice of the award of a human care agreement pursuant to this section on the Internet.
(h) The human care agreement shall identify the services to be rendered during the term of the agreement and shall set forth the terms and conditions of any purchases issued pursuant to the agreement. The contracting officer shall include in each human care agreement the following information:
(1) A statement that the human care agreement is not a commitment to purchase any quantity of a particular good or service covered under the agreement; and
(2) A statement that the District is obligated only to the extent that authorized purchases are made pursuant to the human care agreement.
(Apr. 8, 2011, D.C. Law 18-371, § 406, 58 DCR 1185.)
Section References
This section is referenced in § 2-351.04 and § 2-354.01.
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter IV - Source Selection and Contract Formation › § 2–354.07. Small purchase procurements

§ 2–354.07. Small purchase procurements.
(a) The CPO may establish a streamlined process for entering into contracts for goods and services not exceeding $100,000. The process shall set forth:
(1) Requirements for basic competition, including solicitation of contracts or orders from multiple vendors;
(2) A noncompetitive process for entering into contracts under a dollar threshold established by the CPO not to exceed $10,000; and
(3) Requirements that purchases be made transparent.
(a-1) The Tax Revision Commission may establish a streamlined noncompetitive process for entering into contracts for goods and services not exceeding $40,000.
(b) Procurement requirements shall not be parceled, split, divided, or purchased over a period of time to avoid the $100,000 limitation of subsection (a) of this section or the $40,000 limitation of subsection (a-1) of this section.
(c) The CPO shall implement standards to monitor small purchase procedures to ensure compliance with applicable laws, rules, and policies.
(Apr. 8, 2011, D.C. Law 18-371, § 407, 58 DCR 1185; Dec. 24, 2013, D.C. Law 20-61, § 7143(b), 60 DCR 12472.)
Section References
This section is referenced in § 2-352.01, § 2-354.01, and § 2-356.02.
Effect of Amendments
The 2013 amendment by D.C. Law 20-61 added (a-1); and added “or the $40,000 limitation of subsection (a-1) of this section” in (b).
Emergency Legislation
For temporary (90 days) amendment of this section, see § 3(b) of the Tax Revision Commission Report Extension and Procurement Streamlining Emergency Act of 2013 (D.C. Act 20-19, March 1, 2013, 60 DCR 3974, 20 DCSTAT 476).
For temporary (90 days) amendment of this section, see § 3(b) of the Tax Revision Commission Report Extension and Procurement Streamlining Congressional Review Emergency Act of 2013 (D.C. Act 20-67, May 15, 2013, 60 DCR 7232, 20 DCSTAT 1417).
For temporary (90 days) amendment of this section, see § 7143(b) 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) amendment of this section, see § 7143(b) 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).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 3(b) of the Tax Revision Commission Report Extension and Procurement Streamlining Temporary Amendment Act of 2013 (D.C. Law 20-5, May 18, 2013, 60 DCR 4667, 20 DCSTAT 1272).
Short Title
Section 7141 of D.C. Law 20-61 provided that Subtitle N of Title VII of the act may be cited as the “Tax Revision Commission Extension and Procurement Streamlining 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 3A - Government Procurement › Subchapter IV - Source Selection and Contract Formation › § 2–354.08. Special pilot procurements

§ 2–354.08. Special pilot procurements.
(a) The CPO may, with prior public notice and in accordance with rules issued pursuant to this chapter, award a contract without competitive sealed bidding or competitive sealed proposals if it is determined that an unusual or unique situation exists that makes the application of all requirements of competitive sealed bidding or competitive sealed proposals not in the public interest.
(b) A special pilot procurement under this section shall be made with as much competition as is practicable under the circumstances.
(c) A special pilot procurement under this section shall require a determination and findings setting forth the reasons warranting the special procurement and for the selection of the particular contractor.
(d) The CPO shall post the notice of award and the determination and findings on the Internet within 7 days after the execution and approval of a special pilot procurement.
(e) An unusual or unique situation justifying a special pilot procurement under this section shall include a contract made to:
(1) Satisfy a new and unique District requirement; or
(2) Obtain a new technology.
(Apr. 8, 2011, D.C. Law 18-371, § 408, 58 DCR 1185.)
Section References
This section is referenced in § 2-354.01 and § 2-356.02.
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter IV - Source Selection and Contract Formation › § 2–354.09. Auctions

§ 2–354.09. Auctions.
(a)(1) The CPO may procure goods or services through reverse auction via the Internet when it is determined that the reverse auction bidding method is the most effective method for the District.
(2) The CPO may place any requirement for a good or service on an established Internet reverse auction exchange that would allow any bidder to competitively bid down the price of that good or service over a set period of time established by the CPO.
(3) The CPO may establish an online auction for the purposes of executing reverse auction transactions on behalf of the District.
(b)(1) The CPO may dispose of or sell surplus goods through standard auction via the Internet.
(2) The CPO may place any surplus goods on an established standard auction exchange on the Internet that would allow any person, excluding any employee of the disposing District agency, to competitively acquire surplus personal property or goods from the District.
(3) The CPO may establish a standard auction exchange on the Internet for the purpose of executing standard auction transactions on behalf of the District government.
(Apr. 8, 2011, D.C. Law 18-371, § 409, 58 DCR 1185.)
Section References
This section is referenced in § 2-354.01.
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter IV - Source Selection and Contract Formation › § 2–354.10. General Services Administration schedules

§ 2–354.10. General Services Administration schedules.
(a) The CPO may procure goods or services through a General Services Administration schedule pursuant to 40 U.S.C. § 502(a)(3) and 40 U.S.C. § 602(c).
(b) The CPO shall ensure that the price of any contract entered into under subsection (a) of this section is reasonable.
(Apr. 8, 2011, D.C. Law 18-371, § 410, 58 DCR 1185.)
Section References
This section is referenced in § 2-354.01.
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter IV - Source Selection and Contract Formation › § 2–354.11. Cooperative purchasing

§ 2–354.11. Cooperative purchasing.
(a) The CPO may, and is encouraged to, participate in, sponsor, conduct, or administer cooperative purchasing agreements for the procurement of goods, services, or construction.
(b) Cooperative purchasing agreements entered into by the District government shall be in accordance with, to the extent practicable, all laws and rules of the District government with respect to contracting, and shall be consistent with laws and rules of the United States government that apply specifically to the District.
(c) An agency shall not enter into or participate in a cooperative purchasing agreement unless that participation is authorized by the CPO or a designee pursuant to the delegated contracting authority in § 2-352.01.
(d) The CPO may charge and collect an administrative fee for serving as the lead jurisdiction on a cooperative agreement and may receive any rebates or other fees for participating in a cooperative agreement. The CPO shall deposit such fees in the District of Columbia Supply Schedule, Purchase Card, and Training Fund established in § 2-361.03.
(Apr. 8, 2011, D.C. Law 18-371, § 411, 58 DCR 1185.)
Section References
This section is referenced in § 2-354.01 and § 2-356.02.
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter IV - Source Selection and Contract Formation › § 2–354.12. District of Columbia Supply Schedule

§ 2–354.12. District of Columbia Supply Schedule.
(a) There is established a District of Columbia Supply Schedule program under which contracts may be awarded to certified business enterprises. The DCSS program may consist of multiple award schedules or other procurement programs established by the CPO.
(b) A DCSS contract may be awarded by:
(1) Any source selection method authorized by subchapter IV of this chapter;
(2) A contract with a contractor who maintains a price agreement or schedule with any federal agency so long as the contract does not authorize a price higher than is contained in the contract between the federal agency and the contractor; or
(3) A contract with a contractor who agrees to adopt the same pricing schedule for the same goods or services as that of a contractor who maintains a price agreement or schedule with any federal agency if the contract does not authorize a price higher than is contained in the contract between the federal agency and the contractor.
(c) An agency may refuse to award a contract or procurement set aside pursuant to subchapter IX-A of Chapter 2 of this title, [§ 2-218.01 et seq.], and may thereafter issue the contract or procurement in the open market if the agency determines in writing that the bids for the contract or procurement set aside for a small business enterprise are believed to be 12% or more above the likely price on the open market.
(Apr. 8, 2011, D.C. Law 18-371, § 412, 58 DCR 1185.)
Section References
This section is referenced in § 2-354.01 and § 2-356.02.
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter IV - Source Selection and Contract Formation › § 2–354.13. Competition exemptions

§ 2–354.13. Competition exemptions.
Contracts for the following procurements shall be exempt from the competition requirements established by this chapter:
(1) Artistic services or works of art;
(2) Commodities or contractual services if federal or District law prescribes with whom the District must contract;
(3) Legal services or negotiation services in connection with proceedings before administrative agencies or state or federal courts, including experts, attorneys, and mediators;
(4) Copyrighted or patented materials, including technical pamphlets, published books, maps, and testing or instructional materials; provided, that the materials are purchased directly from the owner of the copyright or patent;
(5) Memberships in trade or professional organizations;
(6) Entertainers;
(7) Job-related seminars and training for District employees;
(8) Maintenance and support of existing software and technology to the extent that the creator of the intellectual property is still protected and is the only source of the maintenance and support of the existing software and technology;
(9) Public transit farecards, passes, and tokens;
(10) Personal property or services provided by another public entity, agency, or authority;
(11) Postage;
(12) Purchases of advertising in all media, including electronic, print, radio, and television; provided, that they are purchased directly from the media outlet;
(13) Trade and career fairs for District employees;
(14) Special event venues and related services as dictated by the establishment;
(15) Subscriptions for periodicals and newspapers;
(16) Ticket purchases for special events, tourist attractions, and amusement parks; and
(17) Professional development training which supports principal, teacher, and student achievement, health, and safety.
(Apr. 8, 2011, D.C. Law 18-371, § 413, 58 DCR 1185; Apr. 11, 2019, D.C. Law 22-294, § 401, 66 DCR 1707.)
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter IV - Source Selection and Contract Formation › § 2–354.14. Cancellation of solicitations

§ 2–354.14. Cancellation of solicitations.
An Invitation for Bid, a Request for Proposals, or other solicitation may be cancelled if it is determined in writing by the CPO that the action is taken in the best interests of the District government.
(Apr. 8, 2011, D.C. Law 18-371, § 414, 58 DCR 1185.)
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter IV - Source Selection and Contract Formation › § 2–354.15. Collusion

§ 2–354.15. Collusion.
(a) A person who enters into a contract with the District after engaging in collusion with another person for the purpose of defrauding the District shall be liable for damages equal to 3 times the value of the loss to the District attributable to the collusion.
(b) If there is a reasonable basis for believing that collusion has occurred among any individuals or entities for the purpose of defrauding the District, the CPO shall send a written notice of this belief to the Attorney General and to the Mayor.
(c) All documents involved in any procurement in which collusion is suspected shall be retained until the Attorney General gives notice that they may be destroyed. All documents shall be made available to the Attorney General.
(Apr. 8, 2011, D.C. Law 18-371, § 415, 58 DCR 1185.)
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter IV - Source Selection and Contract Formation › § 2–354.16. Contingent fees

§ 2–354.16. Contingent fees.
(a) A contractor shall not offer to pay any fee or other consideration that is contingent on the making of a contract.
(b) Every contract shall contain the following prohibition against contingent fees: “The contractor warrants that no person or selling agency has been employed or retained to solicit or secure the contract upon an agreement or understanding for a commission, percentage, brokerage fee, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the contractor for the purpose of securing business. For a breach or violation of this warranty, the District shall have the right to terminate the contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of the commission, percentage, brokerage, or contingent fee.
(c) A District employee shall not solicit or secure, or offer to solicit or secure, a contract for which the employee is paid or is to be paid any fee or other consideration contingent on the making of the contract between the employee and any other person.
(Apr. 8, 2011, D.C. Law 18-371, § 416, 58 DCR 1185.)
Section References
This section is referenced in § 1-1161.01.
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter IV - Source Selection and Contract Formation › § 2–354.17. Confidentiality

§ 2–354.17. Confidentiality.
The CPO shall review information which has been designated as confidential or proprietary by a person and which has been submitted in response to an Invitation for Bids or Request for Proposals. If the CPO determines that the designation is proper, the information shall be treated by the CPO, and any other District employee, in a confidential manner, shall be disclosed only to District employees for use in the procurement process, and shall not be disclosed to other persons or parties without the prior written consent of the person, except as provided by subchapter II of Chapter 5 of this title [§ 2-531 et seq.].
(Apr. 8, 2011, D.C. Law 18-371, § 417, 58 DCR 1185.)
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter IV - Source Selection and Contract Formation › § 2–354.18. Right to audit records; right to inspect

§ 2–354.18. Right to audit records; right to inspect.
(a) The District may, at reasonable times and places, audit the books and records of any person who has submitted data to substantiate offered prices pursuant to § 2-354.19 to the extent that the books and records relate to that data. A person who receives a contract, change order, or contract modification for which the data is required, shall maintain books and records that relate to the cost or pricing data for 3 years from the date of final payment under the contract, unless a shorter period is otherwise authorized in writing.
(b) The Inspector General, District of Columbia Auditor, or District shall be entitled to audit the books and records of a contractor or any subcontractor under any negotiated contract or subcontract to the extent that the books and records relate to the performance of the contract or subcontract. Books and records shall be maintained by the contractor for a period of 3 years from the date of final payment under the prime contract and by the subcontractor for a period of 3 years from the date of final payment under the subcontract, unless a shorter period is otherwise authorized in writing.
(c) The Inspector General, District of Columbia Auditor, or District may, at reasonable times, inspect the part of the place of business of a contractor or any subcontractor which is related to the performance of any contract awarded or to be awarded by the District.
(Apr. 8, 2011, D.C. Law 18-371, § 418, 58 DCR 1185; Mar. 10, 2023, D.C. Law 24-311, § 5(b), 70 DCR 595.)
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter IV - Source Selection and Contract Formation › § 2–354.19. Reasonable prices

§ 2–354.19. Reasonable prices.
(a) A contracting officer may request factual information reasonably available to the contractor or prospective contractor to substantiate that the price or cost offered, or some portion of it, is reasonable.
(b) The CPO shall establish a process for determining the reasonableness of prices.
(Apr. 8, 2011, D.C. Law 18-371, § 419, 58 DCR 1185.)
Section References
This section is referenced in § 2-354.18.
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter IV - Source Selection and Contract Formation › § 2–354.20. Prequalification

§ 2–354.20. Prequalification.
(a) The CPO may establish a prequalification process to certify the financial and professional qualifications of prospective bidders and offerors for District government contracts. The CPO may limit participation in certain procurements to prospective contractors who have been prequalified under the process.
(b) The use of the prequalification process under this section shall not nullify the requirement for a determination of contractor responsibility under subchapter III of this chapter.
(c) Information about a prospective or current contractor relevant to a contractor’s prequalification criteria may be submitted by a member of the general public to the CPO for consideration in determining or verifying the contractor’s prequalified status.
(Apr. 8, 2011, D.C. Law 18-371, § 420, 58 DCR 1185.)
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter V - Types of Contracts › § 2–355.01. Cost-plus-a-percentage-of-cost contract prohibited

§ 2–355.01. Cost-plus-a-percentage-of-cost contract prohibited.
An agency shall not enter into a cost-plus-a-percentage-of-cost contract.
(Apr. 8, 2011, D.C. Law 18-371, § 501, 58 DCR 1185.)
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter V - Types of Contracts › § 2–355.02. Cost-reimbursement contracts

§ 2–355.02. Cost-reimbursement contracts.
(a) A cost-reimbursement contract shall not be awarded pursuant to § 2-354.02, § 2-354.03, or § 2-354.04 unless there is a determination and findings that:
(1) The contract is likely to be less costly to the District than any other type of contract; or
(2) It is impracticable to obtain goods or services of the kind or quality required except under a cost-reimbursement contract.
(b) All cost-reimbursement contracts shall contain a provision that only costs determined in writing to be reimbursable by the contracting officer, in accordance with cost principles set forth in rules issued pursuant to this chapter, shall be reimbursable.
(Apr. 8, 2011, D.C. Law 18-371, § 502, 58 DCR 1185.)
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter V - Types of Contracts › § 2–355.03. Use of other types of contracts

§ 2–355.03. Use of other types of contracts.
Subject to the limitations of this chapter and this subchapter, any type of contract which will promote the best interests of the District may be used.
(Apr. 8, 2011, D.C. Law 18-371, § 503, 58 DCR 1185.)
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter V - Types of Contracts › § 2–355.04. Multiyear contracts

§ 2–355.04. Multiyear contracts.
(a) Unless otherwise provided in an appropriations act, or approved pursuant to § 1-204.51, a contract for goods or services shall not be entered into for periods which extend beyond 12 months.
(b) Before entering into a multiyear contract, the CPO shall determine in writing that:
(1) Estimated requirements cover the period of the contract and are reasonably firm and continuing; and
(2) The contract would serve the best interests of the District, encourage effective competition, or otherwise promote economies in District procurement.
(c) If funds are not appropriated or otherwise made available for the continued performance in a subsequent year of a multiyear contract, the contract for the subsequent year shall be terminated, either automatically or in accordance with the termination clause of the contract, if any. Unless otherwise provided for in the contract, the effect of termination shall be to discharge both the District and the contractor from future performance of the contract, but not from their existing obligations. The contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the goods or services delivered under the contract.
(Apr. 8, 2011, D.C. Law 18-371, § 504, 58 DCR 1185.)
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter VI - Procurement of Construction Projects and Related Services › § 2–356.01. Project delivery methods authorized

§ 2–356.01. Project delivery methods authorized.
(a) This subchapter shall govern procurements for construction projects and related management services in the District.
(b) The following project delivery methods are authorized for procurements within the scope of this subchapter:
(1) Architectural and engineering services;
(2) Construction management;
(3) Construction management at risk;
(4) Design-bid-build;
(5) Design-build;
(6) Design-build-finance-operate-maintain;
(7) Design-build-operate-maintain; and
(8) Operations and maintenance.
(c) Participation in a report or study that is subsequently used in the preparation of design requirements for a project shall not disqualify a firm from participating as a member of a proposing team in a design-build, design-build-operate-maintain, or design-build-finance-operate-maintain procurement unless the participation would provide the firm with a substantial competitive advantage.
(Apr. 8, 2011, D.C. Law 18-371, § 601, 58 DCR 1185.)
Section References
This section is referenced in § 2-356.02 and § 2-357.04.
Editor's Notes
Section 7183 of D.C. Act 24-159 provided that the amendments made to this section by D.C. Law 22-250 shall not apply to contracts, as defined in § 1-1161.01(10C)(A)(ii), including those contracts' option periods or similar contract extensions or modifications, sought, entered into, or executed before November 9, 2022.
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter VI - Procurement of Construction Projects and Related Services › § 2–356.02. Source selection methods assigned to project delivery methods

§ 2–356.02. Source selection methods assigned to project delivery methods.
(a) This section specifies the source selection methods applicable to procurements for the project delivery methods identified in § 2-356.01, except as provided in §§ 2-354.04, 2-354.05, 2-354.07, 2-354.08, 2-354.11, and 2-354.12.
(b)(1) The qualifications-based selection process set forth in § 2-356.04 shall be used to procure architectural and engineering services in design-bid-build procurements.
(2) Competitive sealed bidding, as set forth in § 2-354.02, shall be used to procure construction in design-bid-build procurements, except where rules authorize the use of competitive sealed proposals, as set forth in § 2-354.03, for contracts for construction management at-risk.
(c) Contracts for operations and maintenance shall be procured as set forth in § 2-354.01.
(d) Contracts for design-build shall be procured by competitive sealed proposals, as set forth in § 2-354.03.
(e) Contracts for design-build-operate-maintain shall be procured by competitive sealed proposals, as set forth in § 2-354.03.
(f) Contracts for design-build-finance-operate-maintain shall be procured by competitive sealed proposals, as set forth in § 2-354.03.
(Apr. 8, 2011, D.C. Law 18-371, § 602, 58 DCR 1185.)
Cross References
Stadiums, construction, see §§ 10-1601.03, 10-1601.05.
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter VI - Procurement of Construction Projects and Related Services › § 2–356.03. Prequalification process for construction

§ 2–356.03. Prequalification process for construction.
(a) Except for architectural and engineering services, prospective contractors for procurements under this subchapter may be selected through a prequalification process as set forth in this section.
(b) The prequalification process shall provide for the annual publication of a list describing specific types of solicitations for which the agency will seek prequalified contractors. Solicitations may be added to the list at any time; provided, that the addition of a solicitation to the list shall be published for not less than 30 days before the solicitation is released.
(c) The prequalification criteria may include the following:
(1) Experience and expertise of personnel;
(2) Prior completion of similar work;
(3) Receipt of favorable references from prior work;
(4) A certified letter indicating a surety’s willingness to provide bonding to the contractor for 100% of the proposed bid price;
(5) Availability to complete the desired work;
(6) Confirmation that the vendor is responsible;
(7) Acceptable subcontracting plans; and
(8) Any other criteria identified by the agency as relevant to evaluation of the prospective contractor.
(d) After an agency has prequalified prospective contractors, it may exclude from competition for the ensuing solicitation any person that has not been prequalified.
(e) The use of the prequalification process under this section shall not nullify the requirement for a determination of contractor responsibility under subchapter III of this chapter.
(Apr. 8, 2011, D.C. Law 18-371, § 603, 58 DCR 1185.)
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter VI - Procurement of Construction Projects and Related Services › § 2–356.05. Estimate of construction costs

§ 2–356.05. Estimate of construction costs.
(a) An estimate of costs shall be prepared by the contracting officer for each proposed contract, contract modification, or change order to be issued in connection with a construction project and anticipated to exceed $100,000.
(b) The estimate shall be prepared in detail, as though the District were competing for the contract, and shall not be based solely on the estimates or actual costs of similar construction projects.
(c) The estimate shall be made available to the contracting officer for use in preparation of the contract solicitation and in the determination of price reasonableness in awarding a contract.
(d) Access to materials gathered or created for the estimate, and the overall amount of the estimate, shall be limited to District personnel or agents of the District whose official duties require knowledge regarding the estimate. These materials and the overall amount of the estimate shall not be disclosed, except as otherwise permitted by law.
(e) Within 90 days of October 8, 2016, the Mayor, pursuant to subchapter I of Chapter 5 of this title, shall issue rules to implement the provisions of this section.
(Apr. 8, 2011, D.C. Law 18-371, § 605; as added Oct. 8, 2016, D.C. Law 21-158, § 3(l), 63 DCR 10752.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 3(l) 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 VII - Bonds and Other Forms of Security › § 2–357.01. Bid security in construction contracts

§ 2–357.01. Bid security in construction contracts.
(a) Bid security shall be required for all competitive sealed bidding and competitive sealed proposals for construction contracts when the price is estimated by the contracting officer to exceed $100,000. Bid security shall be a bond provided by a surety company authorized to do business in the District or the equivalent in cash, or otherwise supplied in a form satisfactory to the District. This section shall not prevent the requirement of such bonds on such contracts under $100,000 or bid or proposal bonds on any other contracts when the circumstances warrant.
(b) Bid security shall be in an amount equal to at least 5% of the amount of the bid.
(c) If the Invitation for Bids or Request for Proposals requires that a bid bond be provided, a bidder that does not comply shall be rejected unless, pursuant to rule, it is determined that the bid or offer fails to comply in a nonsubstantial manner with the security requirements.
(d) After bids are opened, they shall be irrevocable for the period specified in the Invitation for Bids. If a bidder is permitted to withdraw its bid or proposal before award, or is excluded from the competition before award, no action shall be had against the bidder or the bid security.
(Apr. 8, 2011, D.C. Law 18-371, § 701, 58 DCR 1185.)
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter VII - Bonds and Other Forms of Security › § 2–357.02a. Security in non-construction service contracts

§ 2–357.02a. Security in non-construction service contracts.
The CPO shall issue rules pursuant to § 2-361.06 to require performance bonds, payment bonds, letters of credit, or other forms of security for non-construction service contract prime contractors in cases in which such security may be effective in furthering the District's interests or such security may assist subcontractors doing business under a prime contract to receive payment for goods or services.
(Apr. 8, 2011, D.C. Law 18-371, § 702a; as added Oct. 8, 2016, D.C. Law 21-158, § 3(o), 63 DCR 10752.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 3(n) 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 VII - Bonds and Other Forms of Security › § 2–357.03. Bond forms and copies

§ 2–357.03. Bond forms and copies.
(a) The CPO shall prescribe the form of the bonds required by this chapter.
(b) Any person may request and obtain from the District a certified copy of a bond upon payment of the cost of reproduction of the bond and postage, if any. A certified copy of a bond shall be prima facie evidence of the contents, execution, and delivery of the original.
(Apr. 8, 2011, D.C. Law 18-371, § 703, 58 DCR 1185.)
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter VII - Bonds and Other Forms of Security › § 2–357.04. Other forms of security

§ 2–357.04. Other forms of security.
Pursuant to rules promulgated under this chapter, the CPO may require a solicitation to include one or more of the following forms of security to assure the timely, faithful, and uninterrupted provision of operations and maintenance services, procured separately or as one element of design-build-operate-maintain or design-build-finance-operate-maintain services:
(1) Operations period surety bonds that secure the performance of the contractor’s operations and maintenance obligations under the project delivery methods set forth in § 2-356.01;
(2) Letters of credit in an amount appropriate to cover the cost to the District of preventing infrastructure service interruptions for a period up to 12 months under the project delivery methods set forth in § 2-356.01; or
(3) Appropriate written guarantees from the contractor (or depending upon the circumstances, from parent corporations) to secure the recovery of procurement costs to the District in the event of a default in performance by the contractor.
(Apr. 8, 2011, D.C. Law 18-371, § 704, 58 DCR 1185.)
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter VII - Bonds and Other Forms of Security › § 2–357.05. Authority to require bonds

§ 2–357.05. Authority to require bonds.
Pursuant to rules promulgated under this chapter, the CPO may require a bond for any solicitation if the CPO determines that it would be in the best interests of the District.
(Apr. 8, 2011, D.C. Law 18-371, § 705, 58 DCR 1185.)
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter VII - Bonds and Other Forms of Security › § 2–357.06. Fiscal responsibility

§ 2–357.06. Fiscal responsibility.
(a) Every contract modification, change order, or contract price adjustment under a contract with the District shall be subject to prior written certification by the fiscal officer of the entity responsible for funding the project or the contract, or other official responsible for monitoring and reporting upon the status of the costs of the total project budget or contract budget, as to the effect of the contract modification, change order, or adjustment in contract price on the total project budget or the total contract budget.
(b) If the certification of the fiscal officer or other responsible official discloses a resulting increase in the total project budget or the total contract budget, the contracting officer shall not execute or make the contract modification, change order, or adjustment in contract price unless:
(1) Sufficient funds are available therefor; or
(2) The scope of the project or contract is adjusted so as to permit the degree of completion that is feasible within the total project budget or total contract budget as it existed prior to the contract modification, change order, or adjustment in contract price under consideration.
(Apr. 8, 2011, D.C. Law 18-371, § 706, 58 DCR 1185.)
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter VIII - Supply Management › § 2–358.01. Supply management rules

§ 2–358.01. Supply management rules.
The CPO shall issue rules governing:
(1) The management of goods during their entire life cycle;
(2) The sale, lease, disposal, or transfer of surplus goods by public auction, competitive sealed bidding, competitive electronic sales, or other appropriate method designated by rule; provided, that no employee of the disposing agency shall be entitled to purchase any surplus goods.
(Apr. 8, 2011, D.C. Law 18-371, § 801, 58 DCR 1185.)
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter VIII - Supply Management › § 2–358.02. Disposition of surplus goods

§ 2–358.02. Disposition of surplus goods.
(a) The CPO may transfer District surplus goods to an organization qualified as tax-exempt under section 501 of the Internal Revenue Code of 1986, approved August 16, 1954 (68A Stat. 163; 26 U.S.C. § 501), or state, county, or municipal jurisdictions after an attempt has been made to:
(1) Transfer property within an agency;
(2) Transfer property between agencies; and
(3) Auction the property for sale.
(b) To qualify for the receipt of surplus goods, a tax-exempt organization shall:
(1) Demonstrate that it meets any approval, accreditation, or licensing requirements for operation of its program;
(2) Certify and provide evidence that it is a nonprofit and tax-exempt organization under section 501 of the Internal Revenue Code of 1986, approved August 16, 1954 (68A Stat. 163; 26 U.S.C. § 501);
(3) Certify that it is not debarred, suspended, or excluded from any federal or District program, including procurement programs; and
(4) Operate in compliance with applicable Federal nondiscrimination law.
(c)(1) Prior to sale, lease, transfer, or disposal of surplus computer and other information technology assets, the Chief Technology Officer shall certify that the equipment is sanitized of any confidential data or personal identifying information.
(2) The CPO shall ensure that all policies for the transfer of computers or other information technology goods are consistent with data and information security policies developed by the Chief Technology Officer.
(d) The CPO may abandon, recycle, sell for scrap, or destroy undistributed surplus goods upon making a written finding that the goods have no commercial value or the estimated cost of their continued care and handling would exceed the estimated proceeds from their sale.
(e) The CPO shall publish on the Internet all forms used for the purpose of disposing of surplus goods. The CPO may receive completed forms electronically.
(f) OCP shall publish records of all transfers of surplus goods on the Internet.
(g) OCP shall develop written policies and procedures for advertisement of auctions to ensure adequate public notice.
(Apr. 8, 2011, D.C. Law 18-371, § 802, 58 DCR 1185.)
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter VIII - Supply Management › § 2–358.02a. Surplus property disposition agreements

§ 2–358.02a. Surplus property disposition agreements.
(a) The CPO may enter into an agreement with a District agency not otherwise under the authority of the CPO, including an independent agency or a public charter school, to sell its surplus goods.
(b) OCP may charge an administrative fee of 6% of gross proceeds for the sale of surplus property sold pursuant to an agreement entered into under this section. The administrative fees shall be deposited into the Surplus Property Sales Fund established by § 2-358.05.
(Apr. 8, 2011, D.C. Law 18-371, § 802a; as added Oct. 22, 2015, D.C. Law 21-36, § 1012(a), 62 DCR 10905.)
Emergency Legislation
For temporary (90 days) addition of this section, see § 1012(a) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter VIII - Supply Management › § 2–358.03. Electronic inventory control system for surplus property

§ 2–358.03. Electronic inventory control system for surplus property.
The CPO shall establish an electronic inventory control system to monitor all surplus property. The system shall contain the following information:
(1) The date of the receipt of the surplus property;
(2) The agency or organization from which the surplus property was received;
(3) A description of the surplus property, including quantity and condition;
(4) A photograph of the surplus property; and
(5) The estimated value of the surplus property.
(Apr. 8, 2011, D.C. Law 18-371, § 803, 58 DCR 1185; Oct. 22, 2015, D.C. Law 21-36, § 1012(b), 62 DCR 10905.)
Effect of Amendments
The 2015 amendment by D.C. Law 21-36 rewrote the section.
Cross References
As to applicability of §§ 2-352.06, 2-358.03, and 2-361.01, see § 2-362.03.
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).
For temporary (90 days) amendment of this section, see § 1001 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).
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
Section 1203 of D.C. Law 18-371 provided that this section shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan.
Section 7015 of D.C. Law 20-61 repealed D.C. Law 18-371, § 1203.
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter VIII - Supply Management › § 2–358.04. District of Columbia Surplus Property Sales Revolving Fund. [Repealed]

§ 2–358.04. District of Columbia Surplus Property Sales Revolving Fund. [Repealed]
Repealed.
(Apr. 8, 2011, D.C. Law 18-371, § 804, 58 DCR 1185; Sept. 14, 2011, D.C. Law 19-21, § 9023, 58 DCR 6226.)
2023 District of Columbia Code › Title 2 - Government Administration › Chapter 3A - Government Procurement › Subchapter VIII - Supply Management › § 2–358.05. Surplus Property Sales Fund

§ 2–358.05. Surplus Property Sales Fund.
(a) There is established as a special fund the Surplus Property Sales Fund (“Fund”), which shall be administered by the CPO in accordance with subsection (c) of this section.
(b) There shall be deposited into the Fund:
(1) Administrative fees collected pursuant to an agreement entered into pursuant to § 2-358.02a; and
(2) Proceeds from the sale of surplus property by OCP.
(c) Money in the Fund shall be used to pay the administrative costs of maintaining and disposing of surplus property, including the costs of online auctions.
(d) Amounts in excess of the money needed to pay for the administrative costs of maintaining and disposing of surplus property shall be deposited into the unrestricted fund balance of the General Fund of the District of Columbia.
(Apr. 8, 2011, D.C. Law 18-371, § 805; as added Oct. 22, 2015, D.C. Law 21-36, § 1012(c), 62 DCR 10905; Dec. 13, 2017, D.C. Law 22-33, § 1122, 64 DCR 7652.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 1122 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 § 1122 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) addition of this section, see § 1012(c) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).