Title 2. Government Administration. - Chapter 3A. Government Procurement. - § 2-352.01. Office of Contracting and Procurement; authority.


Published: 2011

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

§ 2-352.01. Office of Contracting and Procurement; authority.

  • Current through October 23, 2012

(a)(1) There is established as an independent agency the Office of Contracting and Procurement, which shall be administered by the Chief Procurement Officer. Except as otherwise provided in this chapter, OCP, through the CPO, shall have the exclusive authority to administer the provisions of this chapter.

(2) Notwithstanding paragraph (1) of this subsection, until October 1, 2013, the Police and Firefighter's Retirement and Relief Board, through its chief procurement officers, shall exercise the duties of the CPO.

(3) Notwithstanding paragraph (1) of this subsection, until October 1, 2015, the following agencies, through their chief procurement officers, shall exercise the duties of the CPO for their respective agencies:

(A) The Department of Disability Services; and

(B) The Department of Mental Health, if a court order no longer requires the agency to be exempt from the CPO's authority.

(4) The CPO may delegate contracting authority to employees of an agency, including OCP, or another instrumentality.

(5) Agencies and instrumentalities subject to this chapter shall determine their requirements for goods and services and administering awarded contracts.

(b) Notwithstanding subsection (a) of this section, the following agencies shall not be subject to the authority of the CPO, but shall conduct procurements in accordance with the provisions of this chapter:

(1) The Office of the Chief Financial Officer;

(2) The University of the District of Columbia;

(3) The District of Columbia Housing Authority;

(4) The District of Columbia Public Library;

(5) The District of Columbia Public Schools;

(6) The Child and Family Services Agency, until such time as a court order no longer requires the agency to be exempt from the CPO's authority;

(7) The District of Columbia Retirement Board;

(8) The Public Service Commission;

(9) The Office of the People's Counsel;

(10) The Criminal Justice Coordinating Council; and

(11) The Department of General Services.

(c) The Office of the Attorney General and the Inspector General may contract for the services of accountants, lawyers, and other experts when they determine and state in writing that good reason exists why the services should be procured independently of the Chief Procurement Officer.

(d) Except regarding agencies exempted in §§ 2-351.05(c) and 2-352.01(b) and roads and bridges, the Department of Real Estate Services shall have procurement authority for construction and related services under subchapter VI of this chapter.

(e) Except as otherwise provided in § 2-351.05(b), the CPO may review and monitor procurements by any agency, instrumentality, employee, or official exempt under this chapter or authorized to procure independently of OCP.

(f) The CPO may conduct procurements and award contracts on behalf of any agency exempt under this chapter or authorized to procure independently of OCP, when requested by the agency to do so. In conducting procurements or awarding contracts, the CPO shall comply with the requirements of this chapter.

                                

(Apr. 8, 2011, D.C. Law 18-371, § 201, 58 DCR 1185; Sept. 14, 2011, D.C. Law 19-21, § 1032(d), 58 DCR 6226.)

HISTORICAL AND STATUTORY NOTES

Effect of Amendments

D.C. Law 19-21, in subsec. (b), deleted "and" from the end of par. (9), substituted ";   and" for a period the end of par. (10), and added par. (11).

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 1012(d) of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).

For temporary (90 day) amendment of section, see § 2(b) of District of Columbia Retirement Board Procurement Exemption Emergency Amendment Act of 2011 (D.C. Act 19-144, August 9, 2011, 58 DCR 6821).

Legislative History of Laws

For history of Law 18-371, see notes under § 2-351.01.

For history of Law 19-21, see notes under § 2-308.15.