Subchapter XI. Miscellaneous Provisions.

§ 2–361.01. Green procurement.

(a) Except for emergency procurements, before entering into any contract in excess of $ 100,000, the District shall perform an analysis to determine the availability and competitiveness of EPPS, and shall issue an environmental certification to demonstrate, to the maximum extent practicable, the purchase of an EPPS.

(b)(1) An environmental certification shall be issued pursuant to subsection (a) of this section if:

(A) The statement of work includes a statement from DOEE confirming that the procurement includes EPPS to the maximum extent practicable; or

(B) The statement of work includes a statement from DOEE waiving the requirement that the procurement includes EPPS.

(2) DOEE may waive the requirement that the procurement includes EPPS if it is not practicable due to cost, availability, or other grounds.

(3) DOEE may exempt categories of procurements from the requirements of this section through publication on its website.

(c)(1) District government procurement staff shall ensure that EPPS requirements, including the environmental certification required by subsection (a) of this section, are accounted for in the contract package.

(2) District government procurement staff and agency program staff shall ensure that the contractor is fulfilling the EPPS requirements of the contract.

(3) EPPS requirements and implementation guidelines shall be incorporated into OCP trainings and training materials for procurement personnel, including the procurement training institute established pursuant to § 2-352.06.

(d) Within one year after December 24, 2013, and annually thereafter, OCP shall prepare and submit to the Council a report detailing the progress of this policy, including the following elements:

(1) Total contracting amount, and percentage of contracting amount, spent on EPPS;

(2) Successes and challenges to implementing the policy; and

(3) Changes to policies or standards.

(Apr. 8, 2011, D.C. Law 18-371, § 1101, 58 DCR 1185; July 29, 2021, D.C. Law 24-16, § 3, 68 DCR 006015.)

Cross References

As to applicability of §§ 2-352.06, 2-358.03, and 2-361.01, see § 2-362.03.

Applicability

Section 7213 of D.C. Law 24-45 provided that the amendments to this section by D.C. Law 24-16 shall apply as of January 1, 2023. Therefore the amendment of this section by Law 24-16 has been implemented as of January 1, 2023.

Applicability of D.C. Law 24-16: § 4 of D.C. Law 24-16 provided that the change made to this section by § 3 of D.C. Law 24-16 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 7213 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

For temporary (90 days) repeal of D.C. Law 18-371, § 1203, see § 7015 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) repeal of D.C. Law 18-371, § 1203, see § 7015 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).

Short Title

Section 7001 of D.C. Law 20-61 provided that Subtitle A of Title VII of the act may be cited as the “Subject to Appropriations Repealers Amendment Act of 2013”.

Editor's Notes

Section 1203 of D.C. Law 18-371 provided that this section shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan.

Section 7015 of D.C. Law 20-61 repealed D.C. Law 18-371, § 1203.

§ 2–361.02. Payment of stipends authorized.

(a) The contracting officer may pay a stipend to cover a portion of bid or proposal development costs to an unsuccessful responsible offeror that submits a responsive proposal to a solicitation to generate meaningful competition and to ensure that small businesses are not competitively disadvantaged.

(b) The contracting officer shall determine the number and amount of the stipends, if any.

(c) In consideration for paying the stipend fee, the District may use any ideas or information contained in the proposals in connection with any contract awarded for the project, or in connection with a subsequent procurement, without any obligation to pay any additional compensation to the unsuccessful offerors.

(d)(1) Notwithstanding the other provisions of this section, an unsuccessful offeror may elect to waive the stipend.

(2) If an unsuccessful offeror elects to waive the stipend, the District shall not use ideas and information contained in the offeror’s proposal; provided, that this restriction shall not prevent the District from using any idea or information if the idea or information is also included in a proposal of an offeror that accepts the stipend.

§ 2–361.03. Supply schedule, purchase card, and training funds.

(a) The CPO may charge and collect a fee, in an amount to be determined by rule, on all sales, purchase orders, delivery orders, task orders, and purchase card transactions made under contracts awarded to contractors under the DCSS.

(b) The CPO may charge a fee for training conducted by the procurement training institute established pursuant to § 2-352.06.

(c) Subject to the terms of any memoranda of understanding with the Chief Financial Officer regarding adherence to the applicable requirements of federal grants, loans, or other extensions of credit to the District, the Chief Procurement Officer shall collect any rebates issued to the District by the purchase card issuers under the Purchase Card Program.

(d) All funds received pursuant to this section shall be deposited in the unrestricted fund balance of the General Fund of the District of Columbia.

§ 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.

§ 2–361.04a. Vendor portal.

(a) The Mayor shall establish and maintain on the Internet a publicly accessible website containing a portal which shall, at a minimum:

(1) Show payments made by the District of Columbia government to contractors, searchable by purchase order number, invoice number, check number, voucher number, or any combination of the aforementioned necessary to identify a particular payment; and

(2) Allow for electronic submission of invoices to the District by a contractor.

(b) The website may require registration to view payments to contractors shown pursuant to subsection (a)(1) of this section, but such registration shall not require the viewer to supply any identifying information except for the viewer's name, email address, and password.

(c) This section shall apply to payments made by, and invoices submitted to, any agency that manages financial transactions through systems maintained by the Chief Financial Officer.

§ 2–361.05. Acquisition planning.

(a) The CPO shall develop and implement a process by which each agency subject to the CPO’s procurement authority shall prepare and submit to the CPO an acquisition plan identifying the size and nature of the anticipated procurement workload for the following fiscal year.

(a-1) At a minimum, each agency acquisition plan shall contain anticipated procurement needs of the coming fiscal year with specific information on the following:

(1) Program-level needs;

(2) Anticipated multiyear procurements;

(3) Anticipated exercises of option periods of existing contracts;

(4) Expected major changes in ongoing or planned procurements;

(5) The guiding principles, overarching goals, and objectives of the agency's acquisitions of work, goods, and services; and

(6) Goals and plans for utilization of strategic sourcing.

(b) Each agency shall submit to the Council a summary of planned contracts for the upcoming fiscal year no later than the date of submission of the Mayor's proposed budget to the Council. Each summary, at a minimum, shall list each planned contract and the source of funding for each contract by program code in the budget.

§ 2–361.06. Rules.

(a)(1) The CPO, pursuant to subchapter I of Chapter 5 of this title [§ 2-501 et seq.], shall issue rules to implement the provisions of this chapter.

(2) Notwithstanding paragraph (1) of this subsection, the Department of General Services, pursuant to subchapter I of Chapter 5 of this title, shall issue rules to implement the provisions of subchapter VI of this chapter for contracts within the authority of the Department of General Services.

(3) Notwithstanding paragraph (1) of this subsection, the Contract Appeals Board, pursuant subchapter I of Chapter 5 of this title, shall issue rules to implement the provisions of subchapter X of this chapter.

(b) The existing procurement rules, to the degree that they are consistent with this chapter, shall remain in effect until they are superseded by rules issued in accordance with subsection (a) of this section.

(c) A District government procurement rule or regulation promulgated pursuant to this chapter shall not change in any way a contractual commitment by the District government or of a contractor to the District government which was in existence on the effective date of the rule or regulation.