1753777 Notice of Final Rulemaking amending certain provisions concerning procedures for debarring or suspending a person or business from consideration for an award of District contracts or subcontracts

OFFICE OF CONTRACTING AND PROCUREMENT

 

NOTICE OF FINAL RULEMAKING

 

The Chief Procurement Officer of the District of Columbia (CPO), pursuant to the authority set forth in sections 204, 907, 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, 2-359.07, and 2-361.06)(2011 Supp.) (Act), hereby gives notice of the adoption of the following rulemaking to amend chapter 22 (Contractors) of title 27 (Contracts and Procurement) of the District of Columbia Municipal Regulations (DCMR). The rulemaking will amend certain provisions within chapter 22 concerning procedures for debarring or suspending a person or business from consideration for an award of District contracts or subcontracts. 

 

The Notice of Emergency and Proposed Rulemaking was published in the D.C. Register at 58 DCR 7564 (August 19, 2011).  No substantive changes have been made to the rulemaking as originally proposed.  A technical non-substantive correction was made to the reference “section 2299.1” so that it would read as “subsection 2299.1.”  The CPO took final action to adopt these rules on September 27, 2011.

 

The rulemaking will become effective upon publication in the D.C. Register.

 

 

 Title 27, CONTRACTS AND PROCUREMENTS, of the DCMR is amended as follows:

 

Chapter 22 (Contractors) of title 27 (Contracts and Procurement) of the DCMR is amended as follows:

 

Section 2218 is repealed in its entirety and replaced with the following:

 

2218                MAINTENANCE OF DEBARMENT AND SUSPENSION RECORDS

 

2218.1             The Director shall keep and maintain a case docket of current debarment and suspension proceedings under the Director’s jurisdiction, copies of the Director’s decisions and final orders, and copies of the Director’s rules. The case docket shall be updated monthly and shall provide the names of the persons or businesses proposed for debarment or suspension, the case number, the date the Director received the recommendation for debarment or suspension, and the date of any scheduled hearing on the merits of the debarment or suspension. The case docket and copies of decisions, final orders, and the Director’s rules shall be available for inspection by the public at the Office of Contracting and Procurement.

 

Section 2214 (Debarment Proceedings) of title 27 (Contracts and Procurement) of the DCMR is amended by amending paragraph (c) of subsection 2214.1 to read as follows:

 

(c)            That, within fifteen (15) calendar days after receipt of the notice, the person or business may submit, in person, in writing, or through a representative, information and argument in opposition to the proposed debarment, including any additional specific information that raises a genuine issue of material fact;

 

Subsection 2299.1 is amended by deleting the definitions of “Debarment and Suspension Panel” and “Ex parte communications”.