D.C. Law 22-63. Department of Health Care Finance Independent Procurement Authority Temporary Amendment Act of 2017.

AN ACT

To provide the Department of Health Care Finance with independent procurement authority, which exempts the agency from the Procurement Practices Reform Act, the Chief Procurement Officer's Authority, and the Small and Certified Business Enterprise Development and Assistance Act of 2005 for the specific purpose of issuing a contract to a company 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 Temporary 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. 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. 5. Effective date.

(a) 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), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.

(b) This act shall expire after 225 days of its having taken effect.

Law Information

Cites

  • D.C. Law 22-63 (PDF)
  • D.C. Act 22-224 (PDF)
  • 65 DCR 11

Effective

Feb. 17, 2018

Legislative History

Law 22-63, the “Department of Health Care Finance Independent Procurement Authority Temporary Amendment Act of 2017,” was introduced in the Council and assigned Bill No. 22-550 which was retained by the Council. The bill was adopted on first and second readings on Nov. 21, 2017, and Dec. 5, 2017, respectively. After mayoral review, it was assigned Act No. 22-224 on Dec. 29, 2017, and transmitted to Congress for its review. D.C. Law 22-63 became effective Feb. 17, 2018.