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OFFICE OF CONTRACTING AND PROCUREMENT
NOTICE OF EMERGENCY AND PROPOSED RULEMAKING
The Chief Procurement Officer of the District of Columbia (CPO), pursuant to authority
granted by sections 101(b)(1C), 202, 204 and 1201 of the District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Official Code §§ 2-301.01(b)(1C), 2-302.02, 2-302.04 and 2-312.01(2010 Supp.)) (Act), and Mayor’s Order 2002-207, dated December 18, 2002, hereby gives notice of the adoption of the following emergency rules and of the intent to adopt final rulemaking to add a new Chapter 14 of Title 27, Contracts and Procurement, of the District of Columbia Municipal Regulations.
This rulemaking establishes regulations for the use of electronic transactions in the District’s contracting and procurement process.
Without these emergency rules, the Office of Contracting and Procurement cannot implement new electronic technological capabilities for the procurement of goods, services and construction under the Act. Adoption of these emergency rules is therefore necessary for the immediate preservation of the public safety and welfare in accordance with District law as codified at D.C. Official Code § 2-505(c) (2006 Repl.). These emergency rules will remain in effect for up to one hundred and twenty (120) days after the date of adoption or upon publication of a Notice of Final Rulemaking in the D.C. Register, whichever occurs first. The rules will be submitted to the Council of the District of Columbia for a sixty (60) day period of review pursuant to subsection 205(b) of the PPA (D.C. Official Code § 2-302.05(b)), and the CPO will take final rulemaking action no earlier than the date on which the sixty (60) day review period ends or when the Council approves the rules by resolution before the end of the review period.
Title 27, CONTRACTS AND PROCUREMENT, of the DCMR is amended by adding a new Chapter 14 to read as follows:
CHAPTER 14
USE OF ELECTRONIC COMMERCE
1400 GENERAL PROVISIONS
1400.1 The District shall accomplish the purposes of this title by using electronic commerce whenever practicable.
1400.2 The use of the terms in this title commonly associated with paper transactions (for example, “typewritten”, “copy”, “document”, “signed in ink”, “written legibly”, “page”, “postmark”, “envelope”) shall be deemed to include their electronic analogues and shall not be interpreted to discourage the use of electronic commerce.
1400.3 As a condition of participation in an electronic transaction, the Director may require potential bidders and offerors to:
(a) Register with the District, and any other entity designated by the District, before participating in an electronic transaction; and
(b) Agree to the terms, conditions, or other requirements of an electronic transaction, or to agree to terms and conditions governing the electronic transaction, such as procedures that the District may use to attribute, authenticate, or verify the accuracy of an electronic offer or the actions that constitute an electronic signature.
1400.4 Contracting officers may allow the use of other media, including but not limited to hard copies of drawings, specifications or bid samples, to supplement electronic submissions to meet the requirements of the electronic transaction.
1401 ELECTRONIC SOLICITATIONS
1401.1 Each electronic solicitation shall comply with the requirements of this title and the District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Official Code §§ 2-301.01 et seq. (2006 Repl.)) for the procurement method being utilized.
1402 FAILURE OF THE ELECTRONIC SYSTEM
1402.1 If a failure of the District’s electronic system interferes with the ability of bidders or offerors to participate in an electronic transaction, the District shall amend the notice or solicitation when the electronic system becomes available to extend the date and time for receipt of electronic bids or offers.
All persons desiring to comment on the subject matter of this proposed rulemaking should submit comments, in writing, to the Chief Procurement Officer, 441 4th Street, 700 South, Washington, D.C. 20001. 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.
