4567844 Notice of E & P rulemaking to raise the small purchase limit for advertising notices of intent to award a sole source contract

OFFICE OF CONTRACTING AND PROCUREMENT

NOTICE OF EMERGENCY AND PROPOSED RULEMAKING

                       

The Chief Procurement Officer of the District of Columbia (CPO), pursuant to the authority set forth in Sections 204 and 1106 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code §§ 2-352.04 and 2-361.06) (2012 Repl.)(Act), hereby gives notice of the adoption of the following emergency rules and of the intent to adopt final rulemaking to amend Section 1304.1 of Chapter 13, Publicizing Contract Actions, of Title 27, Contracts and Procurement, of the District of Columbia Municipal Regulations (DCMR).

 

The rulemaking is necessary to make Section 1304.1 consistent with the recent increase in the small purchase limit from $5,000 to $10,000, and with Section 1800.3 of Chapter 18, Small Purchase and Other Simplified Purchase Procedures, of Title 27 of the DCMR.  Section 1304.1 is outdated and inconsistent with current policy. This inconsistency will create legal uncertainty regarding the publication requirements for small purchases.  Adoption of these emergency rules is therefore necessary for the immediate preservation and promotion of public safety and welfare.

 

The emergency rules will remain in effect for up to one hundred twenty (120) days from September 19, 2013, the date of their adoption; thus, expiring on January 17, 2014, or upon publication of a Notice of Final Rulemaking in the D.C. Register, whichever occurs first. 

 

Chapter 13, PUBLICIZING CONTRACT ACTIONS, of Title 27, CONTRACTS AND PROCUREMENTS, of the DCMR is amended as follows:

 

Section 1304.1 is amended to read as follows:

 

1304.1             A notice of intent to award a sole source contract shall be published on the OCP Internet for at least ten (10) days prior to contract award if the estimated price is over ten-thousand dollars ($10,000).

 

 

All persons desiring to comment on the subject matter of this proposed rulemaking should submit comments, in writing, to the Chief Procurement Officer, 441 4^th Street, 700 South, Washington, D.C. 20001.  Comments may be sent by email to [e-mail] or may be submitted by postal mail or hand delivery to the address above.  Comments must be received no later than thirty (30) days after the date of publication of this notice in the D.C. Register.  A copy of this proposed rulemaking may be obtained at the same address.