Section 5-E3706. NON-COMPETITIVE NEGOTIATIONS

 

3706.1A contract may be made by non-competitive negotiation only when competition is not feasible or practicable, as determined in writing prior to an award and maintained in the appropriate official contract file, under procedures promulgated by the Superintendent.

 

3706.2In order for a determination that competition is neither feasible nor practical to be made, one (1) of the following circumstances must exist:

 

(a)The amount involved in the contract does not exceed ten thousand dollars ($10,000);

 

(b)The public exigencies require the immediate delivery of the articles or performance of the service;

 

(c)Only one (1) source of supply or service is available;

 

(d)The services are required to be performed by the contractor in person, and are either of a technical and professional nature or under school system supervision and paid for on a time basis;

 

(e)Local minority business opportunities would be fostered by limiting the advertisement of selected contracts to particular categories of contractors for particular supplies and services;

 

(f)No response of reasonable bid has been received from a responsible bidder; or

 

(g)Competitive negotiations would be impractical in light of a need to ensure the uninterrupted delivery of direct instructional or supportive educational services to students.

 

3706.3Examples of situations in which competitive negotiations might be impractical under § 3706.2(g) include the following:

 

(a)The continuation of an instructional or educational program that has been part of the school system’s curriculum and course offerings upon the lapsing of federal or private funding in whole or in part;

 

(b)The provision of special education and related services appropriate to a handicapped student’s individual needs by payment of tuition to a special education school, facility, or program pursuant to law, regulation, and court orders; and

 

(c)The procurement of instructional equipment prior to the expiration of authority to obligate available funds in a given fiscal year.

 

3706.4For there to be a public exigency that will not permit competitive negotiation, the need shall be of compelling urgency so that the school system or its students would be seriously injured financially, educationally, or otherwise if the services or supplies to be contracted for were not furnished by a certain time.

 

3706.5In any event, under District law the Board is authorized to enter into reciprocal agreements for the use of equipment, materials, facilities, and services with any public or private agency for purposes deemed beneficial to the personnel system and, for the purpose of preventing duplication of effort or for the purpose of otherwise promoting efficiency and economy, to enter into agreements under which federal officers or agencies furnish services to the school system and the school system and its officers furnish services to the federal government.

 

3706.6Unless prohibited by law, the school system may conduct, participate in, sponsor, or administer a cooperative purchasing agreement for the procurement of supplies or services with the District government or any other governmental unit in the Washington, D.C. area or the Metropolitan Washington Council of Governments, in accordance with an agreement entered into by the participants.

 

3706.7Cooperative agreements under § 3706.6 shall not be entered into for the purpose of circumventing the provisions of this chapter, and shall be to promote efficiency and economy.

 

3706.8Any governmental unit which administers or negotiates a cooperative purchase in which the school system participates must have done so in accordance with procurement procedures compatible with, if not identical to, the provisions of this chapter.

 

source

Final Rulemaking published at 30 DCR 3771, 3776 (July 29, 1983).