Section 27-832. AGENCY PROCUREMENT PLAN

 

832.1  One month prior to the beginning of each fiscal year, each agency shall submit to the Department the agency's procurement plan as described in section 832.5 for the fiscal year, on a form designated by the Department.

832.2  Failure of an agency to submit, timely or otherwise, a procurement plan for the fiscal year shall:

(a)  Be reported to the City Administrator within 30 days after the start of the fiscal year; and

(b) Require the agency to request written authorization from the Department to place any solicitation, including but not limited to, Requests for Proposals (“RFPs”), Invitations for Bids (“IFBs”), Requests for Qualifications (“RFQs”), and Calls for Expressions of Interest, on the  open market until the plan is filed.  

832.3  The report of the failure of an agency to submit a procurement plan for the fiscal year, an increase in the agency’s set-aside, or the failure of the Department to provide an agency allocation letter shall not eliminate the requirement for the agency to submit a procurement plan to the Department. 

832.4  The Director may consider the quarterly reports submitted by the agency for the previous fiscal year in determining the increased set-aside for the agency.

 

832.5  An agency procurement plan shall specifically set forth the following information for the fiscal year covered by the plan:

(a)  Contracts or procurements that the agency intends to award;

(b)  Contracts or procurements that the agency has set-aside for SBEs;

(c)  A description of the contract or procurement;

(d) Whether the contract or procurement is a new or existing contract or procurement;

(e) The anticipated start and end date for each procurement; and

(d)  Particular dollar amounts relating to the procurements specified in each of the above paragraphs of this subsection.

 

832.6  If an agency cannot include with its procurement plan all of the information required by this section, it shall submit with its plan a statement and supporting documentation which establishes good cause for the failure, as well as a request for an extension of time for submission of the required information.

 

832.7  If an agency's procurement plan sets forth SBE expenditures pursuant to paragraphs 832.5(f) and (g) that are below the required program goals set forth in section 2341 of the Act, the agency shall submit with its plan a request for an adjustment of program goals and supporting documentation which establishes good cause for the requested adjustment.

 

832.8  The Department shall notify an agency in writing of its approval or rejection of an agency's procurement plan within two months of its receipt of the plan.

 

832.9  The Department shall include in any notification of rejection of an agency's procurement plan the following:

(a)  Deficiencies in the plan and a requirement that the deficiencies be remedied within a stated time period;

(b)  Information that the failure of the agency to comply with the notice may result in Department enforcement action pursuant to section 2352 of the Act;

(c)  Requirements that the agency submit supporting documentation relating to the required elements of the plan as appropriate; and

(d)  Recommendations for correcting the deficiencies in the plan, including attendance at meetings with the Department.

 

 

authority

Section 2372 of the Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005 (Act), effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.72)(2009 Supp.) and Mayor’s Order 2009-58, dated April 15, 2009.

source

Final Rulemaking published at 39 DCR 9052 (December 4, 1992); as amended by Final Rulemaking published at 56 DCR 8439 (October 23, 2009), incorporating by reference text of Proposed Rulemaking published at 56 DCR 5622, 5644 (July 10, 2009).