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

(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(2) Repealed.

(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 Behavioral 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;

(1A) The Tax Revision Commission, pursuant to § 2-354.07;

(1B) The Office of the Attorney General;

(2) The University of the District of Columbia;

(3) The District of Columbia Housing Authority, except as otherwise provided in § 6-219;

(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(7) Repealed;

(8) The Public Service Commission;

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

(10) The Criminal Justice Coordinating Council;

(11) The Department of General Services; and

(12) The Criminal Code Reform Commission.

(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 subsection (b) of this section and roads, bridges, other transportation systems, and facilities and structures appurtenant to roads, bridges, and other transportation systems, the Department of General Services shall have procurement authority for:

(1) Construction and related services under subchapter VI of this chapter; and

(2) Facilities maintenance and operation services, real estate asset management services, utility contracts, and security services, as set forth in § 10-551.02(5).

(e) Except as otherwise provided in § 2-351.05(b), the CPO may review and monitor procurements, including for construction and related services under subchapter VI of this chapter, 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, except as provided in § 2-272.01(e).

(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; Dec. 24, 2013, D.C. Law 20-61, § 7143(a), 60 DCR 12472; Mar. 14, 2014, D.C. Law 20-94, § 2(b), 61 DCR 963; Feb. 26, 2015, D.C. Law 20-155, § 6034(b), 61 DCR 9990; Oct. 22, 2015, D.C. Law 21-36, § 1034, 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-158, § 3(c), 63 DCR 10752; Mar. 13, 2019, D.C. Law 22-249, § 2, 66 DCR 983; Sept. 11, 2019, D.C. Law 23-16, § 3002, 66 DCR 8621; Sept. 6, 2023, D.C. Law 25-50, § 2013(b), 70 DCR 10366.)

Section References

This section is referenced in § 2-351.04, § 2-351.05, § 2-354.11, § 2-1594, § 4-1303.03, § 7-1131.04, § 7-3005.01, § 22-4235, and § 31-3171.04.

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).

The 2013 amendment by D.C. Law 20-61 added (b)(1A).

The 2014 amendment by D.C. Law 20-94 repealed (a)(2) and (b)(7); and substituted “Behavioral” for “Mental” in (a)(3)(B).

The 2015 amendment by D.C. Law 20-155 substituted “roads, bridges, other transportation systems, and facilities and structures appurtenant to roads, bridges, and other transportation systems” for “roads and bridges” in (d).

The 2015 amendment by D.C. Law 21-36 added (b)(1B).

Applicability

Section 4 of D.C. Law 22-249 provided that the amendments made to this section by D.C. Law 22-249 shall apply as of January 1, 2017.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 3(b) of District of Columbia Housing Authority Procurement Clarification Emergency Amendment Act of 2023 (D.C. Act 25-114, May 24, 2023, 70 DCR 7942).

For temporary (90 days) amendment of this section, see § 3002 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 3002 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) amendment of this section, see § 2 of Office of Public-Private Partnerships Delegation of Authority Clarification Emergency Amendment Act of 2018 (D.C. Act 22-605, Jan. 24, 2019, 66 DCR 1589).

For temporary (90 days) amendment of this section, see § 2 of Office of Public-Private Partnerships Delegation of Authority Congressional Review Emergency Amendment Act of 2018 (D.C. Act 22-490, Oct. 25, 2018, 65 DCR 12062).

For temporary (90 days) amendment of this section, see § 2 of Office of Public-Private Partnerships Delegation of Authority Emergency Amendment Act of 2018 (D.C. Act 22-435, Aug. 2, 2018, 65 DCR 8347).

For temporary (90 days) amendment of this section, see § 3(c) of Procurement Integrity, Transparency, and Accountability Emergency Amendment Act of 2016 (D.C. Act 21-504, Oct. 13, 2016, 63 DCR 12942).

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).

For temporary (90 days) amendment of this section, see § 3(a) of the Tax Revision Commission Report Extension and Procurement Streamlining Emergency Act of 2013 (D.C. Act 20-19, March 1, 2013, 60 DCR 3974, 20 DCSTAT 476).

For temporary (90 days) amendment of this section, see § 3(a) of the Tax Revision Commission Report Extension and Procurement Streamlining Congressional Review Emergency Act of 2013 (D.C. Act 20-67, May 15, 2013, 60 DCR 7232, 20 DCSTAT 1417).

For temporary (90 days) amendment of this section, see § 7143(a) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 7143(a) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (90 days) amendment of this section, see § 6044(b) of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 6034(b) of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 6034(b) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) amendment of this section, see § 1034 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 3(b) of District of Columbia Housing Authority Procurement Clarification Temporary Amendment Act of 2023 (D.C. Law 25-40, Aug. 17, 2023, 70 DCR 9040).

For temporary (225 days) amendment of this section, see § 2 of Office of Public-Private Partnerships Delegation of Authority Temporary Amendment Act of 2018 (D.C. Law 22-187, Nov. 27, 2018, 65 DCR 11410).

For temporary (225 days) amendment of this section, see § 3(a) of the Tax Revision Commission Report Extension and Procurement Streamlining Temporary Amendment Act of 2013 (D.C. Law 20-5, May 18, 2013, 60 DCR 4667, 20 DCSTAT 1272).

Short Title

Section 7141 of D.C. Law 20-61 provided that Subtitle N of Title VII of the act may be cited as the “Tax Revision Commission Extension and Procurement Streamlining Amendment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.