2227331 Library, Public, D.C. (DCPL) - Amend 19 DCMR (Amusements, Parks and Recreation), Ch. 43 District of Columbia Public Library; Procurement), Sections 4302.2, 4320.2, 4321.3, 4333.5, 4362.9, 4362.10 and 4362.11 to make the procurement process ...

DISTRICT OF COLUMBIA PUBLIC LIBRARY

 

 

NOTICE OF FINAL RULEMAKING

 

 

The Board of Library Trustees (Board) through D.C. Official Code § 39-105 (2011 Supp.) designated the Chief Librarian to establish rules and manage the day-to-day operations of the library.  The Board, 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, 29 Stat. 244, ch. 315, § 5; April 1, 1926, 44 Stat. 230, ch. 98, § 5; Mar. 3, 1979 (D.C. Law 2-139, § 3205 (jjj); 25 DCR 5740); Sept. 5, 1985 (D.C. Law 6 – 17, § 2; 32 DCR 3582); Apr. 12, 1997 (D.C. Law 11-259, § 316; 44 DCR 1423); Oct. 21, 1998 (112 Stat. 2681 – 146, Pub. L. 105 – 277, § 156 (codified at D.C. Official Code § 39-105); 27 DCRR § 2.1, 24 DCR 11011, 11014 (June 30, 1978); as amended by Final Rulemaking published at 38 DCR 1011 (February 8, 1991), hereby gives notice of its intent to amend subsections 4302.2, 4320.2, 4321.3, 4333.5, 4362.9, 4362.10, and 4362.11in chapter 43 of title 19 of the D.C. Municipal Regulations.

 

The Chief Librarian and the Board of the District of Columbia Public Library (DCPL), at its Finance Sub-committee meeting held January 20, 2012, introduced and approved to adopt the proposed new amendment(s) to the District of Columbia Public Library Procurement Regulations §§ 4302.2, 4320.2, 4321.3, 4333.5, 4362.9, 4362.10, and 4362.11 in chapter 43 of title 19 of the D.C. Municipal Regulations.  At its regular scheduled Board meeting on January 25, 2012, the Board introduced and took final public action to approve and adopt the proposed new amendments to the above-cited sections to chapter 43 of title 19 of the D.C. Municipal Regulations.  No comments have been received nor have any changes been made to the text of the proposed rules, as published in the Notice of Proposed Rulemaking in the D.C. Register on February 24, 2012, 59 DCR 1606.

 

The proposed amendments to the procurement regulations will enhance and make the contract procurement process within DCPL more efficient for those vendors who apply for DCPL procurement contracts.  The amendments will strengthen the regulations to allow for better working conditions with the selected vendors of DCPL procurement projects. 

 

These final rules will become effective upon publication of this notice in the D.C. Register.

 

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

 

Section 4302, PUBLICIZING CONTRACT ACTIONS, subsection 4302.2, is amended to read as follows:

 

4302.2             The CCO shall publicize each solicitation in excess of the simplified procurement threshold specified in §§ 4305 and 4313 in a newspaper of general circulation and on the Library’s website with an estimated price over one hundred thousand dollars ($100,000).    

 

Section 4320, SOLE SOURCE PROCUREMENT, subsection 4320.2 is amended to read as follows:

 

4320.2             [RESERVED]

 

Section 4321, EMERGENCY PROCUREMENTS, subsection 4321.3 is amended to read as follows:

 

4321.3             Emergency Procurement procedures shall not be used for long-term contract requirements and the performance of which shall not exceed one hundred twenty (120) days. 

 

Section 4333, MENTOR-PROTÉGÉ PROGRAM, subsection 4333.5 is amended to read as follows:

 

4333.5             Mentor-protégé relationships shall have a minimum duration of three (3) years and may be terminated under the following circumstances:

 

(a)                Mentors are no longer in good financial condition;

 

(b)               Mentors or protégés are delinquent in District taxes or any District debt;

 

(c)                A protégé is removed from or no longer is a participant in the District’s local, small, disadvantaged business enterprise program;

 

(d)               The mentor-protégé relationship has expired; or

 

(e)                Other relevant reasons.

 

Section 4362, OPTIONS, subsections 4362.5 through 4362.7is amended to read as follows:

 

4362.5             The CCO shall ensure that the contracts with options specify the following: 

 

(a)                Limits on the purchase of additional supplies or services, or the overall duration of the term of the contract, including any extension; and

 

(b)               The period within which the option may be exercised.  The period shall be set so as to provide the contractor with adequate lead time to ensure continuous production.

 

4362.6             Library contracts for the basic and option periods shall not exceed five (5) years in the case of services, and the total of the basic and option quantities shall not exceed the requirement for five (5) years in the case of supplies.  However, statutes applicable to various contracts (such as the Service Contract Act, 41 U.S.C., (1965)), may place additional restrictions on the length of such contracts.

 

4362.7             The CCO shall express options for increased quantities of supplies or services in terms of the following:

 

(a)                Percentage of specific line items; or

 

(b)               Increase in specific line items.