Section 5-D100. GENERAL

 

100.1This chapter sets forth the procurement rules of the Office of Public Education Facilities Modernization authorized by Section 702(b) of the Office of Public Education Facilities Modernization Establishment Act of 2007, effective June 12, 2007 (D.C. Law 17-009; D.C. Official Code § 38-451(b)) (the “Act”). The Office is an agency within the executive branch of the District of Columbia government.  Its general mission is to ensure that the public education facilities in the District of Columbia are modernized in a timely and cost effective manner. In accordance with the Act, the Office is exempt from the requirements of the District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Official Code § 2-301.01 et seq.), and has the authority to issue and implement its own procurement rules. 

 

100.2The Director of the Office is authorized to enter into contracts on behalf of the District of Columbia, acting by and through the Office, and may delegate that authority in accordance with these rules.

 

100.3These procurement rules are for the benefit of the Office, and are not intended to confer any rights or benefits on third parties.  The principal purposes of these rules are to ensure that the Office’s procurement activities: 

 

(a)Are carried out in a fair and objective manner that promotes confidence in the Office’s integrity; and

 

(b)Produce reasonable value and reasonable results for the Office, as determined by its Director.

 

100.4These rules are intended to encourage participation by Certified Business Enterprises (CBEs), in accordance with the Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-133; D.C. Official Code § 2-218).  The Office’s goals include expanding and retaining disadvantaged businesses located within the District. 

 

100.5The Director may waive the applicability of any provisions in these rules that are not specifically required by statute if the Director finds in writing that:

 

(a)Such waiver is in the best interest of the Office;

 

(b)Such waiver is not inconsistent with fair, competitive, and transparent procurement practices; and

 

(c)Such waiver is technical in nature and would not alter the substantive business terms of a procurement after proposals have been received.

 

authority

The Director of the Office of Public Education Facilities Modernization, pursuant to section 702(b) of the District of Columbia Public Education Reform Amendment Act of 2007 (Act), effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-451(b)) (2007 Supp.).

source

Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11190 (November 26,2010).