D.C. Act 22-204. Department of Health Care Finance Independent Procurement Authority Emergency Amendment Act of 2017.
AN ACT
To amend, on an emergency basis, the Procurement Practices Reform Act of 2010 to exempt the Department of Health Care Finance's procurement of services for the management and operation of the United Medical Center from the requirements of the act, with certain enumerated exceptions; and to amend the Small and Certified Business Enterprise Development and Assistance Act of 2005 to authorize the Director of the Department of Health Care Finance to waive subcontracting requirements for government-assisted projects in excess of $250,000 for a procurement to manage and operate the United Medical Center.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Department of Health Care Finance Independent Procurement Authority Emergency Amendment Act of 2017".
Sec. 2. Section 105(c) of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-351.05(c)), is amended as follows:
(a) Paragraph (18) is amended by striking the word "and" at the end.
(b) Paragraph (19) is amended by striking the period at the end and inserting the phase "; and" in its place.
(c) A new paragraph (20) is added to read as follows:
"(20) The procurement of services by the Department of Health Care Finance ("Department") for the management and operation of the United Medical Center; provided, that:
"(A) The procurement is conducted through a competitive process, as determined by the Department, producing not less than 2 responsive proposals; and
"(B) Sections 202, 401a, 415, and Title X of this act shall apply.".
Sec. 3. Section 2351 of the Small and Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.51), is amended by adding a new subsection (c) to read as follows:
"(c) Notwithstanding subsections (a), (a-1), and (b) of this section, the subcontracting requirements of section 2346 may be waived by the Director of the Department of Health Care Finance for a procurement solicited pursuant to section 105(c)(20) of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-351.05(c)(20)).".
Sec. 4. Applicability.
This act shall apply as of November 22, 2017.
Sec. 5. Fiscal impact statement.
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 6. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12(a)).
