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WASHINGTON CONVENTION AND SPORTS AUTHORITY
NOTICE OF EMERGENCY AND PROPOSED RULEMAKING
The Board of Directors of the Washington Convention and Sports Authority (“Authority”), pursuant to section 203 of the Washington Convention Center Authority Act of 1994, D.C. Law 10-188, D.C. Code § 10-1201.03 as amended (the “Act”), hereby gives notice of its adoption, on an emergency basis, of the following amendment to Chapter 3 of Title 19 of the District of Columbia Municipal Regulations. The amendment reflects changes to the Act as a result of the Fiscal Year 2010 Budget Support Act of 2009, D.C. Law 18-111, which effectuated the merger of the Washington Convention Center Authority and the D.C. Sports and Entertainment Commission into the Washington Convention and Sports Authority, and which expanded the Authority’s statutory purpose.
The amendment would provide flexibility in the Authority’s procurement process, particularly when entering into sole source contracts regarding the Authority’s real estate interests, as well as agreements to attract, sponsor or fund tourism, sports and entertainment and other events for the District of Columbia as required by the Act. Issuance of the rules on an emergency basis is necessary to pursue and/or finalize agreements for several major, high-profile events that are crucial to the economic welfare of the District. The emergency rules were adopted on June 3, 2010 and shall remain in effect for up to 120 days unless superseded by another rulemaking notice.
The Authority also gives notice of its intent to take final rulemaking action to adopt these rules in not less than thirty (30) days from the date of publication of this notice in the District of Columbia Register.
Chapter 3 of Title 19 of the District of Columbia Municipal Regulations is amended as follows:
CHAPTER 3. WASHINGTON CONVENTION AND SPORTS AUTHORITY: PROCUREMENT
308. Sole Source Procurement.
308.1 The CCO shall take all reasonable steps to avoid using sole source procurements.
308.2 The CCO may procure goods, services, or construction on a sole source basis without following the procedures set forth in sections 304, 305, and 306 if the CCO:
(a) makes a written determination that the minimum needs of the Authority can only be met by such goods, services or construction and that the proposed sole source is the only source capable of providing them; or
(b) makes a written determination that such goods, services or construction related to a transaction by the Authority regarding real property which it owns, intends to acquire, or which is under its control.
308.3 The CCO’s written determination shall include the following:
(a) for a determination made under subsection 308.2(a):
(i) a description of the Authority’s requirement, including the estimated cost;
(ii) an explanation of the unique nature of the procurement and of the contractor’s unique qualifications;
(iii) a determination that the costs to the Authority will be fair and reasonable; and
(iv) a description of the market survey conducted and list of potential sources contacted, or an explanation for why such description or list was not possible.
(b) for a determination under subsection 308.2(b):
(i) a description of the goods, services or construction which are related to the real property transaction;
(ii) the estimated cost to the Authority of the related goods, services or construction; and
(iii) a determination that the costs to the Authority of the goods, services or construction will be fair and reasonable.
308.4 The CCO shall include all applicable standard contract clauses in any procurement made under Sections 308.2 and 308.3.
308.5 The CCO may enter into agreements to sponsor, or otherwise provide funding and/or in-kind services to, events that promote tourism, leisure travel, sports, sports teams, recreational events or entertainment events on a sole source basis without following the procedures set forth in sections 304, 305, 306, or this Section 308. In entering into any such agreement(s), the CCO shall ensure that the Authority’s support is publicly recognized through methods which may include, but shall not be limited to, display of the Authority’s marks, logos or brands during the sponsored event; press or media advisories; and, signage.
Any person desiring to comment on the subject matter of this proposed rulemaking should file comments in writing not later than thirty (30) days after the date of publication of this notice in the District of Columbia Register. Comments should be filed with the Office of the General Counsel, Washington Convention and Sports Authority, Walter E. Washington Convention Center, 801 Mount Vernon Place, N.W., Washington, DC 20001. Copies of this Notice may be obtained by writing to the foregoing address.
