1787630 Notice of Final Rulemaking - authorizing an emergency procurement by the Authority when conditions that are the Authority’s responsibility or are within the Authority’s control pose an immediate threat to the public health, safety or welfare,...

WASHINGTON CONVENTION AND SPORTS AUTHORITY

 

NOTICE OF FINAL 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 § 10-1203.3(3)(6) (2008 Repl.; 2011 Supp.), as amended by the Fiscal Year 2010 Budget Support Act of 2009, effective March 3, 2010 (D.C. Law 18-111) (the Act), hereby gives notice of its adoption of the following amendment to Chapter 3 (Washington Convention Center: Procurement) of Title 19 of the District of Columbia Municipal Regulations.  This amendment was originally adopted, on an emergency basis, on September 1, 2011, and a Notice of Emergency and Proposed Rulemaking was published in the District of Columbia Register on September 9, 2011 at 58 DCR 7986. 

The amendment authorizes an emergency procurement by the Authority when conditions that are the Authority’s responsibility or are within the Authority’s control pose an immediate threat to the public health, safety or welfare, or the preservation and protection of property. 

           

No comments were received in response to the rulemakings and no changes were made.  This rulemaking shall take effect immediately upon publication in the District of Columbia Register.

           

Chapter 3 of Title 19 of the District of Columbia Municipal Regulations is amended as follows:

 

Chapter 3, Washington Convention Center Authority: Procurement, is amended to read as follows:

 

CHAPTER 3             WASHINGTON CONVENTION AND SPORTS AUTHORITY:             PROCUREMENT

 

Section 307, Emergency Procurement, is amended to read as follows:

 

307                  EMERGENCY PROCUREMENT

 

307.1               If the CCO makes a written determination that procurement is necessary to meet an emergency condition or to meet an essential requirement of the Authority in emergency circumstances, the CCO may procure goods, services or construction without regard to the procedures set forth in sections 304, 305, and 306.

 

307.2               For the purposes of this section, “emergency condition” is defined as a situation which creates an immediate threat to the public health, safety or welfare, including a situation which threatens the health or safety of any person or the preservation and protection of property.

 

307.3               Any written determination by the CCO supporting an emergency procurement shall include:

 

(a)        A description of the emergency condition or the essential requirements of the Authority that must be met;

 

(1)        In the case of a procurement for an emergency condition relating to the public health, safety or welfare, the determination must state the nature of the threat and the nature of the harm that the public might suffer if the requirement were not met by emergency procurement; and

 

(2)        In the case of a procurement for an emergency condition relating to the preservation and protection of property, the determination must describe the property and state the threat or harm that the emergency procurement will address;

 

(b)        A description of the proposed procurement action;

 

(c)        A description of the requirement, including the estimated value or cost;

 

(d)       A finding that circumstances giving rise to the emergency procurement were not reasonably foreseeable by the Authority;

 

(e)        A description of the steps taken to solicit bids or proposals from as many potential competitors as possible under the circumstances, or a sole source justification in accordance with the provisions of section 308;

 

(f)        A finding that anticipated costs to the Authority will be fair and reasonable; and

 

(g)        Any other pertinent facts or reasons supporting the procurement on an emergency basis.

 

307.4               The CCO shall not make any procurement under this section to meet any continuing need of the Authority, beyond what is necessary to meet the emergency condition.

 

307.5               The CCO may use a letter or a verbal request to solicit proposals for an emergency procurement. 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.

 

307.6               The CCO shall include all applicable standard contract clauses in any purchase order issued under this section.