Section 7-1610. EXEMPTIONS

 

1610.1The following procurements may be made without competition and are not subject to the competitive requirements set forth in § 1609.

 

1610.2   Small purchases: Procurements at or under the threshold amounts for micro purchases established in the Procurement Manual may be made without competition.

 

1610.3Sole Source: Goods and services, that are available from only one (1) vendor or contractor (sole source) may be purchased without competition. Circumstances where sole source purchasing is permitted include:

 

(a)Specific replacement parts or components for equipment;

 

(b)Equipment upgrade and repair, repair services, or parts unavailable from any other source except the original equipment manufacturer or designated   service representative;

 

(c)Upgrade to existing software, available only from the producer of the software who sells only on a direct basis;

 

(d)When there is a need to standardize equipment, or to facilitate the  interoperability of equipment or systems;

 

(e)When there is substantial duplication of costs to the Board that is not expected to be recovered through competition;

 

(f)Utility services, when from only one (1) source; or

 

(g) Intellectual property rights that are owned or controlled by one (1) source and made available through that source. These rights would include    patents, copyrights, licenses, secret processes, and material monopolies or    other established rights that affect distribution of goods and services.

 

1610.4Categorical Exemptions: The following categories of purchases are exempt from the competitive procurement methods and may be purchased without competition:

 

(a)Purchase, rent or lease of land or other interest in real property;

 

(b)Memberships, films, manuscripts, publications, educational services;

 

(c)Personal property sold at an auction by a licensed auctioneer;

 

(d)Personal property or services provided by another public entity, agency or board;

 

(e)Legal services;

 

(f)Research programs;

 

(g)Advertisements in newspapers or other publications;

 

(h)Intergovernmental agreements and cooperative agreements with other                          institutions where the primary purpose is not the purchase of goods or  services; and

 

(i)Travel services.

 

1610.5Emergency Procurements: Emergency Procurements may be made with limited competition or without competition. An emergency is a situation which creates an immediate need for goods or services that cannot be met through normal procurement methods because the lack of these goods or services would seriously threaten any of the following: 

 

(a)The health or safety of any person;

 

(b)The preservation or protection of property;

 

(c)The continuation of necessary governmental functions; or

 

(d)The Board’s compliance with legal requirements.

 

1610.6The Executive Director, or designee, may approve a non-competitive procurement on an emergency basis which does not otherwise comply with the requirements of the regulations if the procurement is essential for:

 

(a)Preventing or avoiding an imminent emergency; or

 

(b)Responding to, mitigating or resolving an existing emergency condition.

 

1610.7In case of an emergency procurement under this Section, a contractor may be given a verbal authorization by the Contracting Officer to proceed, provided that a written contract or modification is executed as soon  thereafter as is reasonably practicable. 

 

authority

The District of Columbia Retirement Board (the Board), pursuant to the authority set forth in section 121(i) of the District of Columbia Retirement Reform Act of 1979 (Pub. L. 96-122, 93 Stat. 866 (Nov. 17, 1979) (codified at D.C. Official Code § 1-711(i)(2001)) (the Reform Act).

source

Notice of Final Rulemaking published at 57 DCR 12594, 12602 (December 31, 2010).