1429409 Notice of Emergency and Propsed Rulemaking:Rescinding Chapter 11 (Minority and Other Business Preferences) of Title 27 (Contracts and Procurement)
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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; D.C. Official Code §§ 2-352.04 and 2-361.06)(2011 Supp.), hereby gives notice of the adoption of the following emergency rules and of the intent to adopt final rulemaking to rescind chapter 11 (Minority and Other Business Preferences) of title 27 (Contracts and Procurement) of the District of Columbia Municipal Regulations (DCMR).
The rescinded chapter was implemented under District laws that have either been amended or repealed by the Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code §§ 2-218.01, et seq.)(2006 Repl.)(2011 Supp.)(Act). Chapter 8 (Local, Small, and Disadvantaged Business Enterprises Contracting) of title 27 (Contracts and Procurement) of the DCMR contains the current rules for contracting with certified business enterprises in the District.
Without these emergency rules, the regulatory procedures for contracting with certified business enterprises in the District will be inconsistent with the Act and chapter 8, and this inconsistency may create legal uncertainty regarding contracting 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; thus, expiring 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Chapter 11 (Minority and Other Business Preferences) of title 27 (Contracts and Procurement) of the DCMR is rescinded in its entirety and the space is reserved.
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 may be sent by email to OCPRulemaking@dc.gov 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.
