Section 27-601. GENERAL PROGRAM POLICY

 

601.1The Commission shall implement a sheltered market program in accordance with the provisions of the Act and chapters 6 and 7 of this title.

 

601.2While it is the general policy of the Commission to encourage minority participation in contracting through the regular advertisement and bidding process, the Commission may take either of the following actions in specific instances:

 

(a)Require that the advertisement of selected contracts for construction, goods, or services be limited to categories of contractors; or

 

(b)Authorize the letting of selected contracts by negotiation.

 

601.3Acting pursuant to a written request from a certified contractor, the Commission may recommend that any of the following actions be taken by an agency:

 

(a)Advance, partial, progress, or other types of payments to contractors under contracts for property or services, provided that the payments shall not exceed the unpaid contract price, shall be based upon a finding by the agency head that they will be in the public interest, and shall be secured in accordance with the provisions of sec. 12(c) of the Act; or

 

(b)Waiver of bonding requirements where the waiver shall maintain the integrity of the District's procurement program.

 

601.4A Commission recommendation on any of the actions set forth in §601.3 shall not be required prior to agency action. An agency may request the recommendation of the Commission prior to initiating any such action.

 

601.5The Commission may, from time to time, review minority contracting problems and make recommendations for the improvement of minority business development in the District of Columbia in accordance with the provisions of the Act.

 

601.6The Commission may make specific recommendations with respect to particular contracts. In making these recommendations, the Commission shall consider the following factors:

 

(a)Emergency or other unusual circumstances;

 

(b)The location of the contractor or other entity;

 

(c)Possible tax benefits to the District of Columbia;

 

(d)The potential for enhancing the position of minority business in a particular market or industry;

 

(e)The potential for encouraging entrepreneurship among residents of the District of Columbia; and

 

(f)Other factors affecting the public interest and the promotion of minority business in the District of Columbia.

 

source

Final Rulemaking published at 26 DCR 2771, 2772 (December 21, 1979).