1379357 Notice of Emergency and Proposed Rulemaking for debarring or suspending a person or business from consideration for an award of District contracts or subcontracts.

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, 907, and 1106 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code §§ 2-352.04, 2-359.07, and 2-361.06)(2011 Supp.) (Act), hereby gives notice of the adoption of the following emergency rules and of the intent to adopt final rulemaking to amend chapter 22 (Contractors) of title 27 (Contracts and Procurement) of the District of Columbia Municipal Regulations (DCMR). The rulemaking will amend certain provisions within chapter 22 concerning procedures for debarring or suspending a person or business from consideration for an award of District contracts or subcontracts. 

 

These rules were adopted as emergency and proposed rules on February 24, 2010, and published in the D.C. Register on March 12, 2010, at 57 DCR 2114.  Emergency rules were adopted on July 6, 2010, and published in the D.C. Register on July 16, 2010, at 57 DCR 6202. Emergency rules were adopted on November 3, 2010, and published in the D.C. Register on November 26, 2010, at 57 DCR 11351.  Emergency rules were adopted on March 7, 2011, and published in the D.C. Register on March 25, 2011, at 58 DCR 2755. The current emergency rules expired on July 5, 2011.  No changes have been made to the text of the proposed rules as published.

 

Without these emergency rules, the regulatory procedures of the Office of Contracting and Procurement for the debarment and suspension of persons or businesses will be inconsistent with the Act, and this inconsistency may create legal uncertainty regarding debarment and suspension actions.  Adoption of these emergency rules is therefore necessary for the immediate preservation of the public safety and welfare.

 

The emergency rules will remain in effect for up to one hundred twenty (120) days from July 21, 2011, the date of their adoption, and will expire on November 18, 2011 or upon publication of a Notice of Final Rulemaking in the D.C. Register, whichever occurs first. 

 

 Title 27, CONTRACTS AND PROCUREMENTS, of the DCMR is amended as follows:

 

Chapter 22 (Contractors) of title 27 (Contracts and Procurement) of the DCMR is amended as follows:

 

Section 2218 is rescinded in its entirety and replaced with the following:

 

2218        MAINTENANCE OF DEBARMENT AND SUSPENSION RECORDS

 

2218.1     The Director shall keep and maintain a case docket of current debarment and suspension proceedings under the Director’s jurisdiction, copies of the Director’s decisions and final orders, and copies of the Director’s rules. The case docket shall be updated monthly and shall provide the names of the persons or businesses proposed for debarment or suspension, the case number, the date the Director received the recommendation for debarment or suspension, and the date of any scheduled hearing on the merits of the debarment or suspension. The case docket and copies of decisions, final orders, and the Director’s rules shall be available for inspection by the public at the Office of Contracting and Procurement.

 

Section 2214 (Debarment) of title 27 (Contracts and Procurement) of the DCMR is amended by amending paragraph (c) of subsection 2214.1 to read as follows:

 

(c)            That, within fifteen (15) calendar days after receipt of the notice, the person or business may submit, in person, in writing, or through a representative, information and argument in opposition to the proposed debarment, including any additional specific information that raises a genuine issue of material fact;

 

Section 2299.1 is amended by deleting the definitions of “Debarment and Suspension Panel” and “Ex parte communications”.

 

 

All persons desiring to comment on the subject matter of this proposed rulemaking should submit comments, in writing, to the Chief Procurement Officer, 441 4^th Street, 700 South, Washington, D.C. 20001.  Comments may be sent by email to [e-mail] or may be submitted by postal mail or hand delivery to the address above.  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.