1724289 Notice of Final Rulemaking establishing regulations for the use of electronic transactions in the District’s contracting and procurement process.

OFFICE OF CONTRACTING AND PROCUREMENT

 

NOTICE OF FINAL 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 rulemaking to add a new chapter 14 of title 27, Contracts and Procurement, of the District of Columbia Municipal Regulations.  This rulemaking establishes regulations for the use of electronic transactions in the District’s contracting and procurement process.

 

The proposed rulemaking was published in the D.C. Register at 58 DCR 6100 (July 22, 2011).  No changes have been made to the rulemaking as originally proposed.  The CPO took final action to adopt these rules on ­­­­September 6, 2011.

 

The rulemaking will become effective upon publication in the D.C. Register.

 

Title 27, CONTRACTS AND PROCUREMENT, of the DCMR is amended by adding a new chapter 14 to read as follows:

 

CHAPTER 14

 

USE OF ELECTRONIC COMMERCE

 

1400                                            GENERAL PROVISIONS

 

1400.1                                      The District shall accomplish the purposes of this title by using electronic commerce whenever practicable.

 

1400.2                                      The use of the terms in this title commonly associated with paper transactions (for example, “typewritten”, “copy”, “document”, “signed in ink”, “written legibly”, “page”, “postmark”, “envelope”) shall be deemed to include their electronic analogues and shall not be interpreted to discourage the use of electronic commerce.

 

1400.3                                      As a condition of participation in an electronic transaction, the Director may require potential bidders and offerors to:

 

(a)        Register with the District, and any other entity designated by the District, before participating in an electronic transaction; and

 

(b)        Agree to the terms, conditions, or other requirements of an electronic transaction, or to agree to terms and conditions governing the electronic transaction, such as procedures that the District may use to attribute, authenticate, or verify the accuracy of an electronic offer or the actions that constitute an electronic signature.

 

1400.4                                      Contracting officers may allow the use of other media, including but not limited to hard copies of drawings, specifications, or bid samples, to supplement electronic submissions to meet the requirements of the electronic transaction.

 

1401                ELECTRONIC SOLICITATIONS

 

1401.1             Each electronic solicitation shall comply with the requirements of this title and the District of Columbia Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code §§ 2-351.01, et seq. (2011 Supp.)), for the procurement method being utilized.

 

1402                FAILURE OF THE ELECTRONIC SYSTEM

 

1402.1             If a failure of the District’s electronic system interferes with the ability of bidders or offerors to participate in an electronic transaction, the District shall amend the notice or solicitation when the electronic system becomes available to extend the date and time for receipt of electronic bids or offers.