Section 27-4731. TRANSFER OF CONTRACTS

 

4731.1Procurements pending on October 1, 2011, and transferred to the Department on that date shall be completed, including the award of contracts pursuant thereto, in accordance with the procurement rules and regulations pursuant to which those procurements were commenced. 

 

4731.2Following the transfer of duties, responsibilities, contracts and procurements to the Department upon its creation, contracts or pending procurements related to facilities maintenance and/or capital projects held by other District agencies may be assigned to the Department in accordance with the provisions of this section.

 

4731.3The CCO shall review the proposed procurement or contract and determine whether it is in the best interest of the Department to accept the assignment of the procurement or contract or to terminate the procurement or contract.

 

4731.4If the Department determines it is in its best interest to accept the assignment of a contract or procurement, the Department shall have the authority to modify the contract or procurement so as to conform with the best practices and procedures employed by the Department on its own procurements.

 

4731.5Assignment of contracts or procurements to the Department shall not confer on the Department any authority not otherwise granted to it by law or regulation.  Acceptance of an assignment by the Department shall be predicated on the Department’s statutory authority to conduct the work contemplated by the assigned contract or procurement.

 

4731.6Assignment of a contract or procurement shall not operate to transfer funds to support the assigned contract or procurement.  Funds shall be transferred pursuant to an intra-District memorandum of understanding, reprogramming, or other appropriate process.

 

authority

The Interim Director of the Department of General Services (Department), pursuant to section 1106(a)(2) of the Procurement Practices Reform Act of 2010, effective April 8, 2011(D.C. Law 18-371; D.C. Official Code § 2-361.06(a)(2))(2011 Repl.); sections 1025(a) and 1029 of the Department of General Services Establishment Act of 2011, effective September 14, 2011(D.C. Law 19-21; 58 DCR 6226); and Mayor’s Order 2011-168, dated October 5, 2011.

source

Notice of Emergency and Proposed Rulemaking published at 58 DC 8805 (October 14, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 59 DCR 985, 1014 (February 10, 2012).