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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 30. LOTTERY AND CHARITABLE GAMES |
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Chapter 30-24. SOLE SOURCE AND EMERGENCY PROCUREMENTS |
Section 30-2401. SOLE SOURCE PROCUREMENT
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2401.1Procurement contracts may be awarded through negotiation without competition when the contracting officer determines in writing that one (1) of the following conditions exists:
(a) There is only one (1) source for the required supply, service, or other item;
(b) The contract is for the purchase of real property or interests in real property;
(c) The contract is with a vendor that maintains a price agreement or schedule with any federal or District agency; Provided, that the contract with the Agency shall not authorize a price higher than the price allowed in the schedule or price agreement between the federal or District agency and the vendor for the same item;
(d) The contract is for purchase of commodities, supplies, equipment, or services that would ordinarily be purchased on a competitive basis, but an emergency has been declared under this chapter and the emergency procurement procedures are followed; or
(e) The contract is for the purchase of media time or space for advertising or promotion purposes and the procedures for purchase of media time or space under § 2407 of this chapter have been followed.
2401.2If the only justification for using sole source procurement is lack of sufficient time to complete a competitive procurement process, the contracting officer shall not award a contract on a sole source basis unless a legitimate emergency, as defined in this chapter, exists with respect to the need for the items or services being procured.
2401.3Sole source procurement shall not be justified on the basis of any of the following circumstances:
(a) The lack of adequate advance planning for the procurement of the required commodities, services, or other items;
(b) Delays in the procurement caused by administrative delays, lack of sufficient procurement personnel, or improper handling of procurement requests or competitive procedures; or
(c) Pending expiration of budget authority.
2401.4Before negotiating a contract on a sole source basis, the contracting officer shall ensure that a D&F that justifies the procurement has been approved by the Executive Director in accordance with § 2102 of Chapter 21 of this title.