6242743 Washington Convention and Sports Authority - Notice of Emergency and Proposed Rulemaking - To provide emergency procurement for the Carnegie Library

WASHINGTON CONVENTION AND SPORTS AUTHORITY

 

NOTICE OF EMERGENCY AND PROPOSED RULEMAKING

 

The Board of Directors of the Washington Convention and Sports Authority (Authority), pursuant to Section 203 of the Washington Convention Center Authority Act of 1994, effective September 28, 1994 (D.C. Law 10-188; D.C. Official Code §§ 10-1202.03(3) and (6) (2013 Repl. & 2016 Supp.)), as amended by the Fiscal Year 2010 Budget Support Act of 2009, effective March 3, 2010 (D.C. Law 18-111; D.C. Official Code §§ 10-1201.01 et seq. (2013 Repl. & 2016 Supp.)) (the Act), hereby gives notice of the adoption, on an emergency basis, of the following amendment to Chapter 3 (Washington Convention and Sports Authority: Procurement) of Title 19 (Amusements, Parks, and Recreation) of the District of Columbia Municipal Regulations (DCMR).

 

The amendment would permit the Authority to complete multiple purchases and/or enter into multiple contracts or make modifications to existing contracts in order to undertake immediate repairs and remediation to address an emergency environmental condition at the historic Carnegie Library at Mount Vernon Square. Such authority is not available in the extant procurement regulations, and the Authority therefore finds that it is necessary to amend its procurement regulations accordingly.

 

Issuance of the rules on an emergency basis is necessary and essential to protect and preserve the health, safety and welfare of the District.

 

The emergency rules were adopted on October 13, 2016 and shall remain in effect until February 10, 2017, unless superseded by another rulemaking notice. The Authority also gives notice of its intent to take final rulemaking action to adopt these rules in not less than thirty (30) days from the date of publication of this notice in the D.C. Register. 

 

Chapter 3, WASHINGTON CONVENTION AND SPORTS AUTHORITY: PROCUREMENT, of Title 19 DCMR, AMUSEMENTS, PARKS, AND RECREATION, is amended by adding a new Section 314 as follows:

 

314                  EMERGENCY PROCUREMENT FOR CARNEGIE LIBRARY REMEDIATION

 

314.1               In the case of direct purchases, contracts or contract modifications arising directly or indirectly from the need to undertake environmental remediation and/or displace events, staff, tenants or property of any kind at the Carnegie Library at Mount Vernon Square, beginning October 1, 2016, the CCO may complete multiple purchases and/or enter into multiple contracts or make modifications to existing contracts without regard to the procedures set forth in Sections 304, 305, 306 and 307, upon a single written determination that:

 

(a)                Describes the condition which exists at the Carnegie Library at Mount Vernon Square that creates an immediate threat to the public health, safety or welfare, including a condition that threatens the health or safety of any person or the preservation and protection of property;

 

(b)               Describes the requirement or nature of the purchase, contract or contract modification, including the estimated value or cost;

 

(c)                Describes the proposed procurement action;

 

(d)               Includes any other pertinent facts or reasons supporting the purchase, contract or contract modification on an emergency basis; and

 

(e)                Includes a certification from the Authority’s Chief Financial Officer that sufficient funds are available for the procurement action taken.

 

314.2               The CCO shall, whenever a contract is entered into or modified under this section, update the determination issued under Subsection 314.1.

 

314.3               The CCO may use an email, letter or a verbal request to solicit proposals for an emergency procurement under this section. If a letter request is used, the CCO shall ensure that the letter is as clear and concise as possible and contains only the information necessary for providing a proposal.

 

 

Any person desiring to comment on the subject matter of this proposed rulemaking should file comments in writing not later than thirty (30) days after the date of publication of this notice in the D.C. Register.  Comments should be filed with the Office of the General Counsel, Washington Convention and Sports Authority, Walter E. Washington Convention Center, 801 Mount Vernon Place N.W., Washington, D.C. 20001.  Copies of this notice may be obtained by writing to the foregoing address, by sending an e-mail to [e-mail], or by calling the Office of the General Counsel at 202-249-3000.