§ 2–361.04. Transparency in contracting.

(a) The CPO shall establish and maintain on the Internet a website containing publicly available information regarding District procurement.

(b) The website established pursuant to subsection (a) of this section shall contain, at a minimum, the following:

(1) Information regarding the statutes and rules that govern procurement for all District agencies, including those exempt from the authority of the CPO.

(2)(A) A webpage with links to each District government website containing active solicitations for goods or services in an amount in excess of $100,000, including websites maintained by District agencies exempt from the authority of the CPO.

(B) Each website linked to by the webpage provided for in subparagraph (A) of this paragraph shall:

(i) Provide clear instructions on how to respond electronically to each solicitation, unless a solicitation cannot be responded to electronically, in which case the website shall provide clear instructions on how to respond to the solicitation through non-electronic means;

(ii) Include information in the solicitation regarding:

(I) The prohibited recipients or, if the value of the contract is estimated, the likely prohibited recipients, as that term is defined in § 1-1161.01(45D), for the contract based on its estimated value; and

(II) Any other relevant provisions of Chapter 11A of Title 1.

(3) A database containing information regarding each contract executed by the District for an amount equal to or greater than $100,000, including each such contract made by a District agency exempt from the authority of the CPO pursuant to § 2-351.05. For each contract contained in the database, the database shall include a unique identifier and, at a minimum, the following:

(A) A copy of the executed contract;

(B) All determinations and findings related to the contract;

(D) All solicitation documents for the contract, including all requests for proposals and invitations for bids, and any amendments of such documents;

(E) The contract summary documents for the contract that are submitted to the Council for its review; and

(F) A notation identifying:

(i) Whether the vendor is a covered contractor, as that term is defined in § 1-1161.01; and

(ii) To which prohibited recipients, as that term is defined in § 1-1161.01(45D), the vendor is prohibited from making campaign contributions and during what prohibited period, as that term is defined in § 1-1161.01(45C).

(4) Placeholders identifying any portions of the items set forth in paragraph (3) of this subsection withheld as confidential by the CPO pursuant to § 2-354.17.

(5) A list of each contract executed by the District for an amount less than $100,000, which shall include, for each contract, the vendor name, a description of the goods or services purchased, and the dollar amount of the contract.

(6) Repealed.

(c) Agencies not subject to the authority of the CPO shall transmit the information required by this section to the CPO for posting on the Internet.

(Apr. 8, 2011, D.C. Law 18-371, § 1104, 58 DCR 1185; Oct. 8, 2016, D.C. Law 21-158, § 3(q), 63 DCR 10752; July 3, 2018, D.C. Law 22-121, § 3(b), 65 DCR 5083; Mar. 13, 2019, D.C. Law 22-250, § 8(b), 66 DCR 985.)

Applicability

Section 2 of D.C. Law 24-328 provided the amendments made to this section by D.C. Law 22-250 shall not apply to: (1) Any inaugural or transition committee organized in 2022; and (2) Contracts, as defined in § 1-1161.01(10C)(A)(ii), including those contracts' option periods or similar contract extensions or modifications, sought, entered into, or executed before November 9, 2022.

Section 2 of D.C. Act 25-33 provided the amendments made to this section by D.C. Law 22-250 shall not apply to: (1) Any inaugural or transition committee organized in 2022; and (2) Contracts, as defined in § 1-1161.01(10C)(A)(ii), including those contracts' option periods or similar contract extensions or modifications, sought, entered into, or executed before November 9, 2022.

Section 2 of D.C. Act 24-676 provided the amendments made to this section by D.C. Law 22-250 shall not apply to: (1) Any inaugural or transition committee organized in 2022; and (2) Contracts, as defined in § 1-1161.01(10C)(A)(ii), including those contracts' option periods or similar contract extensions or modifications, sought, entered into, or executed before November 9, 2022.

Section 10(b) of D.C. Law 22-250 required that the amendments made to this section by D.C. Law 22-250, (1) Apply as of November 4, 2020; and (2) Not apply to contracts, as defined in D.C. Official Code § 1-1161.01(10C)(A)(ii)), including those contracts' option periods or similar contract extensions or modifications, sought, entered into, or executed before November 4, 2020.

Emergency Legislation

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

Editor's Notes

Section 7183 of D.C. Law 24-45 provided that the amendments made to this section by D.C. Law 22-250 shall not apply to contracts, as defined in § 1-1161.01(10C)(A)(ii), including those contracts' option periods or similar contract extensions or modifications, sought, entered into, or executed before November 9, 2022.