1180507 Notice of Emergency ans Proposed Rulemaking to replace chapter 13, Publicizing Contract Actions, of title 27 DCMR
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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 the authority set forth in sections 204 and 1106 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; 58 DCR 1185 (May 13, 2011)) (Act), hereby gives notice of the adoption of the following emergency rules and of the intent to adopt final rulemaking to replace chapter 13, Publicizing Contract Actions, of title 27, Contracts and Procurement, of the District of Columbia Municipal Regulations (DCMR).
The rulemaking implements the public notice requirements in sections 402, 403 and 404 of the Act. A copy of the Act can be obtained from the Council of the District of Columbia’s website at www.dccouncil.washington.dc.us.
Without these emergency rules, the Office of Contracting and Procurement will not be in compliance with the public notice and transparency requirements under the Act. Adoption of these emergency rules to replace Chapter 13 is thus necessary for the immediate preservation of the public safety or welfare, in accordance with D.C. Official Code § 2-505(c) (2006 Repl.).
The emergency rules were adopted on May 6, 2011, and became effective immediately. The 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. The CPO gives notice of intent to take final rulemaking action in not less than thirty (30) days from the date of publication of this notice in the D.C. Register.
Chapter 13, PUBLICIZING CONTRACT ACTIONS, of title 27, CONTRACTS AND PROCUREMENT, of the DCMR is amended as follows:
Chapter 13, Publicizing Contract Actions, is replaced in its entirety as follows:
CHAPTER 13
PUBLICIZING CONTRACT ACTIONS
1300 GENERAL PROVISIONS
1300.1 The Director shall maintain an Office of Contract and Procurement (OCP) Internet site that provides the public with notice of opportunities to participate in the District’s procurement process, notice of contract awards and other relevant information about District procurements.
1301 NOTICE OF PROPOSED SOLICITATIONS
1301.1 An agency shall give public notice of a solicitation in accordance with §§ 402 and 403 of the District of Columbia Procurement Practices Reform Act of 2010 (Act), effective April 8, 2011 (D.C. Law 18-371; 58 DCR 1185-
1301.2 Except as provided in § 1301.5, the contracting officer shall publish each proposed solicitation over one hundred thousand dollars ($100,000) and up to two hundred fifty thousand dollars ($250,000) on OCP’s Internet site, and may publish the solicitation using any other methods reasonably available, such as newspapers or trade publications.
1301.3 Except as provided in § 1301.5, the contracting officer shall publish each proposed solicitation over two hundred fifty thousand dollars ($250,000) on the OCP Internet site and in a newspaper of general circulation and in trade publications considered by the Director to be appropriate to give adequate public notice.
1301.4 A contracting officer may place additional advertisements of solicitations when it is in the best interests of the District.
1301.5 The requirements for advertisement of solicitations set forth in this section shall not apply to the following:
(a) Emergency procurements under chapter 17 of this title;
(b) Small purchases under chapter 18 of this title;
(c) Procurement of architect-engineering services, medical and human care services, or real property appraisal services under chapter 19 of this title; and
(d) Procurements exempt from competition under § 413 of the Act.
1302 INVITATION FOR BIDS
1302.1 An Invitation for Bids (IFB) shall be advertised for at least fourteen (14) days before the date set for the receipt of bids, unless the Director determines in writing that it is appropriate to shorten the notice period to not less than three (3) days. The Director shall consider the following factors in determining whether it is appropriate to shorten a notice period:
(a) The complexity of the procurement;
(b) The type of goods or services being procured;
(c) The impact of a shortened notice period on competition; and
(d) Any other relevant factors.
1303 REQUESTS FOR PROPOSALS
1303.1 A Request for Proposals (RFP) shall be advertised for at least twenty-one (21) days before the date set for the receipt of proposals, unless the Director determines in writing that it is appropriate to shorten the notice period to not less than fourteen (14) days. The Director shall consider the following factors in determining whether it is appropriate to shorten the notice period:
(a) The complexity of the procurement;
(b) The type of goods or services being procured;
(c) The impact of a shortened notice period on competition; and
(d) Any other relevant factors.
1304 NOTICE OF INTENT TO AWARD A SOLE SOURCE CONTRACT
1304.1 A notice of intent to award a sole source contract shall be published on the OCP Internet for at least ten (10) days prior to contract award if the estimated price is over five-thousand dollars ($5,000).
1304.2 A notice of intent to award a sole source contract shall include:
(a) The determination and findings required under § 404(b) of the Act to award a sole source contract;
(b) A description of the item to be procured; and
(c) The intended sole source contractor.
1305 NOTICE OF CONTRACT AWARDS
1305.1 Notices of contract awards over one hundred thousand dollars ($100,000) shall be published on the OCP Internet site within seven (7) days of contract award.
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.
