Section 27-604. SHELTERED MARKET PROGRAM IMPLEMENTATION

 

604.1The Commission shall establish and maintain a centralized list of certified contractors. The central list shall be used by agencies to identify contracts or classes of contracts for placement in the sheltered market. Appropriate certified contractors on the list shall also receive invitations to bid on open market contracts advertised by each agency.

 

604.2Where an agency places specific contracts or categories of contracts in the sheltered market, consideration shall be given only to certified contractors.

 

604.3An agency head may determine, subject to the approval of the Commission, that certain classes of procurements shall not be placed in the sheltered market. Agency heads shall give written notice of each determination to the Commission.

 

604.4Each agency shall maintain and display in each procurement office bidders mailing lists which indicate the following:

 

(a)The name of each contractor doing business with the office; and

 

(b)Those contractors which are certified under the provisions of the Act and chapter 6 and 7 of this title.

 

604.5Each agency shall also maintain for review by the Commission the following types of procurement lists:

 

(a)Small purchase sources;

 

(b)Term contracts;

 

(c)Blanket purchase orders;

 

(d)Repetitive or recurring procurements; and

 

(e)GSA Schedule procurements.

 

604.6All invitations for bid under the sheltered market shall include the following language:

 

This invitation for bid is designated for certified minority bidders only, under the provisions of D.C. Law 1-95, "The Minority Contracting Act of 1977."

 

604.7A copy of the MBE letter of certification shall be attached to the outside cover of each sealed bid.

 

604.8Invitations to bid in the sheltered market shall be sent to all certified MBE's which qualify under the work classification for which the contract shall be let.

 

604.9Once an agency has placed a contract in the sheltered market, it shall not be removed by the agency without the approval of the Commission. That approval shall generally be given only upon a showing of the following:

 

(a)There are no certified contractors available which are capable of performing the contract; or

 

(b)That at least one attempt to solicit bids for the contract in the sheltered market has failed to produce an acceptable bid.

 

604.10Any District agency asserting that any bid made by a certified contractor or contractors is excessive shall indicate the reasons for that assertion to the Commission in writing, including an analysis of the following factors:

 

(a)Wage determinations;

 

(b)Overhead;

 

(c)Man-hours required for performance;

 

(d)Use of brokers; and

 

(e)Other pertinent data.

 

604.11Each agency shall submit a quarterly report to the Commission on the status of its sheltered market procurement program, in accordance with the provisions of §7(a)(3) of the Act, on forms to be provided by the Commission.

 

source

Final Rulemaking published at 26 DCR 2771, 2775 (December 21, 1979).