Section 8-A2517. SOLE SOURCE AND EMERGENCY PROCUREMENTS

 

2517.1Procurement contracts may be awarded through negotiation without competition when the Director of Procurement (the "Director") or his or her designee determines in writing that one (1) of the following conditions exists:

 

(a)There is only one (1) source for the required commodity, 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 who maintains a price agreement or schedule with any federal agency, so long the contract with the School of Law does not authorize a price higher than is contained in the contract between the federal agency and the vendor; or

 

(d)Contracts for the purchase of commodities, supplies, equipment, or services that would ordinarily be purchased on a competitive basis when an emergency has been declared pursuant to this section.

 

2517.2The Director may make emergency procurements or authorize others to make emergency procurements when there exists a threat to public health, welfare, or safety under emergency conditions as defined in chapter 17 of the D.C. Procurement Regulations.

 

2517.3Emergency procurements shall be made with as much competition as is maximally practicable under the circumstances.

 

2517.4A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file which shall be kept in the office of the Director.

 

2517.5The Director shall maintain a record listing all contracts entered into pursuant to this section for a minimum of five (5) years. The record shall contain the following:

 

(a)The contract number;

 

(b)The name and address of each contractor;

 

(c)The dollar amount of each contract;

 

(d)The type of contract; and

 

(e)A listing of the supplies, services, or other items procured under each contract.

 

2517.6The provisions of chapter 17 of the D.C. Procurement Regulations shall apply to sole source and emergency procurements by the School of Law, except as provided otherwise in this section.

 

2517.7The provisions of §§1700.1 and 1710.1 of the DCPR are superseded by this section and shall not apply to procurement by the School of Law.

 

2517.8The provisions of §1701.3 of the DCPR are superseded by §2505 of this chapter and shall not apply to procurement by the School of Law.

 

2517.9For purposes of this section, the amount set forth in §§1702.2 and 1705.1 of the DCPR shall be modified to read "ten thousand dollars ($10,000)."

 

2517.10For purposes of this section, the provisions of §1703.2 of the DCPR shall not apply to procurement by the School of Law. Review and approval of sheltered market sole source procurements shall be in accordance with §2505 of this chapter.

 

2517.11For purpose of this chapter, the provisions of §1705.2(d) of the DCPR shall be modified to delete the reference to §305(a) of the Act.

 

2517.12In addition to the declaration of an emergency by the Mayor under §1710.2 of the DCPR, the use of emergency procurement procedures by the School of Law may be pursuant to the declaration of an emergency condition existing at the School of Law by the Dean or, the Dean's designee in accordance with the criteria set forth in §1710 of the DCPR.

 

source

Final Rulemaking published at 35 DCR 5822 (July 29, 1988).