728196 Notice of Emergency Rulemaking - Electronic transactions in the District’s contracting and procurement process

OFFICE OF CONTRACTING AND PROCUREMENT

 

NOTICE OF EMERGENCY 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 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.

 

These rules were adopted as emergency and proposed rules on October 14, 2010 and published in the D.C. Register on October 29, 2010, at 57 DCR 10224.  The current emergency rules expired on February 11, 2011.  No changes have been made to the text of the proposed rules as published.

 

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 twenty (120) days from the date of adoption or upon publication of a Notice of Final Rulemaking in the D.C. Register, whichever occurs first. 

 

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.