Section 27-834. AGENCY SET-ASIDE AND PREFERENCE PROGRAM IMPLEMENTATION

 

834.1  When an entire solicitation has been placed in the SBE set-aside program, the solicitation shall:

 

(a)  State that it is a set-aside for certified small business enterprise offerors under the provisions of the Act; and

 

(b)  Require that responses include a copy of the SBE’s letter of certification.

 

834.2  Once a solicitation has been placed in the SBE set-aside market as required by sections 2344 and 2345 of the Act, the agency shall not remove it from the set-aside market unless:

(a)  At least one attempt to solicit bids or proposals for the procurement in the SBE set-aside market has failed to produce a responsive bid or proposal;

(b)  There is no SBE that qualifies for the procurement;

(c) The prices of the bids or proposals are 12% or more above the likely price on the open market; or

(d) The removal is authorized by law. 

 

834.3  Each agency shall provide to the Department, if requested, the following types of procurement records:

 (a)  Small purchase sources;

 (b)  Term contracts;

 (c)  Blanket purchases orders;

 (d)  Repetitive or recurring procurement; and

 (e)  GSA Schedule procurement.

 

834.4  If an agency with independent contracting authority or the Office of Contracting and Procurement (“OCP”) intends to place a solicitation on the open market for a contract or procurement of $100,000 or less, the agency or OCP shall provide a written notice to the Department as soon as practicable that the agency intends to exclude the contract or procurement from its set-aside program.  The written notice shall include, at a minimum, a description of:

 

(a) The steps taken to identify SBEs that may be able to provide the goods or services; and

 

(b)  The information contained in the written determination(s) required under section 2344 or 2345 of the Act.

 

 

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, 5647 (July 10, 2009).