§ 2–354.12. District of Columbia Supply Schedule.

(a) There is established a District of Columbia Supply Schedule program under which contracts may be awarded to certified business enterprises. The DCSS program may consist of multiple award schedules or other procurement programs established by the CPO.

(b) A DCSS contract may be awarded by:

(1) Any source selection method authorized by subchapter IV of this chapter;

(2) A contract with a contractor who maintains a price agreement or schedule with any federal agency so long as the contract does not authorize a price higher than is contained in the contract between the federal agency and the contractor; or

(3) A contract with a contractor who agrees to adopt the same pricing schedule for the same goods or services as that of a contractor who maintains a price agreement or schedule with any federal agency if the contract does not authorize a price higher than is contained in the contract between the federal agency and the contractor.

(c) An agency may refuse to award a contract or procurement set aside pursuant to subchapter IX-A of Chapter 2 of this title, [§ 2-218.01 et seq.], and may thereafter issue the contract or procurement in the open market if the agency determines in writing that the bids for the contract or procurement set aside for a small business enterprise are believed to be 12% or more above the likely price on the open market.