Section 29-1803. EXCEPTED AWARDS

 

1803.1The Department may make a grant award on a sole source basis in appropriate circumstances as determined by the Director in his/her sole discretion that include, but are not limited to:

(a)  The authorization for the award designates the grantee;

(b)  The applicable law defines eligibility in such a way that there is only one eligible applicant;

 

(c)There is a recognized coalition or group of service providers through which the broadest community participation may be obtained in serving the targeted clientele; or

 

(d) When the services required by the Department are available from only one source and no other type of services will satisfy Department requirements.

1803.2The Department may make a grant award as an earmark if the earmark is clearly authorized by legislation or Agreement that provides the grant funds.

1803.3The Department shall make excepted awards in the same manner as competitive awards except that the Department need not use a review panel.

1803.4The Department shall prepare a written “sole source justification” memorandum signed by the Director explaining the circumstances that justified the absence of competition.

1803.5The sole source justification memorandum shall be maintained in the Department’s records in accordance with Section 1815.

 

authority

An Act to enable the District of Columbia to receive federal financial assistance under Title XIX of the Social Security Act for a medical assistance program, and for other purposes approved December 27, 1967 (81 Stat.774; D.C. Official Code §1-307.02 (2006 Repl. & 2012 Supp.)) and Section 6(6) of the Department of Health Care Finance Establishment Act of 2007, effective February 27, 2008 (D.C. Law 17-109; D.C. Official Code § 7-771.05 (6) (2008 Repl.).

source

Final Rulemaking published at 44 DCR 481, 484 (January 24, 1997); as amended by Final Rulemaking published at 60 DCR 5614 (April 12, 2013); as amended by Final Rulemaking published at 60 DCR 15243 (November 1, 2013).