5775979 Library, D.C. Public - Notice of Final Rulemaking - Amendments to Sole Source Procurement rules

DISTRICT OF COLUMBIA PUBLIC LIBRARY

 

NOTICE OF FINAL RULEMAKING

 

The District of Columbia Public Library Board of Trustees, pursuant to the authority set forth in An Act to establish and provide for the maintenance of a free public library and reading room in the District of Columbia, approved June 3, 1896, as amended (29 Stat. 244, ch. 315, § 5; D.C. Official Code § 39-105 (2012 Supp.)); Section 3205 (jjj) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 39-105 (2012 Supp.)); Section 2 of the District of Columbia Public Library Board of Trustees Appointment Amendment Act of 1985, effective September 5, 1985 (D.C. Law 6-17; D.C. Official Code § 39-105 (2012 Supp.)); the Procurement Reform Amendment Act of 1996, effective April 12, 1997, as amended (D.C. Law 11-259; 44 DCR 1423 (March 14, 1997)); and Section 156 of An Act Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes, approved October 21, 1998 (112 Stat. 2681, Pub. L. 105-277; codified at D.C. Official Code § 39-105 (2012 Repl.)); hereby gives notice of its intent to amend Chapter 43 (District of Columbia Public Library: Procurement) of Title 19 (Amusements, Parks, and Recreation) of the District of Columbia Municipal Regulations (DCMR).

 

The Board of Library Trustees through D.C. Official Code §39-105 (2011 Supp.) designated the Chief Librarian/Executive Director to establish rules and manage the day-to-day operations of the library.  On October 8, 2015, the Executive Director of the District of Columbia Public Library (“DCPL”) approved to adopt the proposed new amendment(s) to the District of Columbia Public Library Regulations regarding Sole Source Procurement § 4320 to Chapter 43, Title 19 DCMR.  The proposed amendments will allow the Chief Contracting Officer (“CCO”) to select a designee in Subsection 4320.6, and replace the term “Library Procurement Executive” with “CCO and/or designee” in Subsections 4320.7 and 4320.10.  In addition, in Subsection 4320.7, the DCPL removed the language “in excess of fifty-thousand dollars”.

 

A Notice of Proposed Rulemaking was published in the D.C. Register on October 30, 2015 at 62 DCR 14115 to amend the rules to reflect the current policies at the DCPL. No comments were received.

 

These rules were adopted as final on October 8, 2015 and shall become effective on the date of publication of this notice in the D.C. Register.

 

Chapter 43, DISTRICT OF COLUMBIA PUBLIC LIBRARY: PROCUREMENT, of Title 19 DCMR, AMUSEMENTS, PARKS, AND RECREATION, is amended as follows:

 

Section 4320, SOLE SOURCE PROCUREMENT, Subsections 4320.6, 4320.7, and 4320.10, are amended to read as follows:

 

4320.6             The CCO and/or designee shall ensure that each sole source procurement is reviewed and approved in accordance with Subsection 4320.7.

 

4320.7             When a sole source procurement is proposed, the DCPL Office of Procurement with the representative of the requesting department shall prepare a written determination and findings (D&F) that justifies the sole source procurement. The CCO and/or designee shall approve all D&Fs before issuance of a solicitation.

 

4320.10           The CCO and/ or designee shall ensure that each sole source contract contains all of the required clauses, provisions, representations and certifications.