D.C. Law 24-169. Procurement Agencies Alignment Amendment Act of 2022.
AN ACT
To amend the Procurement Practices Reform Act of 2010 to require the Chief Procurement Officer to audit the procurement activities of the Department of General Services every 2 years, require procurement personnel of the Department of General Services to receive minimum training at the Office of Contracting and Procurement's Procurement Training Institute, expand training for procurement officials, require that the Office of Contracting and Procurement seek feedback on training needs from other agency directors, require an annual review of training requirements, and require the Department of General Services to submit an acquisition plan to the Council annually.
BE IT ENACTED BY THE COUCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Procurement Agencies Alignment Amendment Act of 2022".
Sec. 2. The Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-352.01, et seq.), is amended as follows:
(a) Section 204(b)(6) (D.C. Official Code § 2-352.04) is amended to read as follows:
"(6) To review, monitor, and audit the procurement activities of the District, including by October 1, 2024, and every 2 years thereafter, completing an audit of the procurement activities of the Department of General Services and submitting to the Council the resulting audit report and recommendations for improvement, which shall incorporate review of the Department's:
"(A) Compliance with applicable requirements in this act, and procurement regulations;
"(B) Compliance with
"(C) Standardized procurement procedures, work flow, and internal controls;
"(D) Acquisition planning process;
"(E) Procurement close out process and post procurement role in contract implementation;
"(F) Market and economic research procedures and best practices;
"(G) Standard contract language and inclusion of statutorily required clauses;
"(H) Contractor bid proposal analysis and scoring methodology; and
"(I) Contractor performance evaluation process and use in bid proposal evaluation.".
(b) Section 206 (D.C. Official Code § 2-352.06) is amended as follows:
(1) Subsection (a)(4) is amended as follows:
(A) The lead-in language is amended by striking the phrase "; and" and inserting the phrase "; and shall" in its place.
(B) Subparagraph (A) is amended by striking the phrase "to be completed by District procurement personnel." and inserting the phrase "to be completed by all procurement personnel in the Office of Contracting and Procurement and the Department of General Services, as well as any other District procurement personnel the CPO deems necessary or appropriate." in its place.
(2) New subsections (e), (f), and (g) are added to read as follows:
"(e) The CPO shall establish training that prepares contracting personnel for procurement of services from specialized industries, including training on procurement of information technology in consultation with the Chief Technology Officer, and procurement of construction and development services in consultation with the Director of the Department of General Services and the Deputy Mayor for Planning and Economic Development.
"(f) The CPO shall consult with other agency directors for feedback on procurement training needs and the CPO shall expand or enhance training requirements as the CPO deems appropriate.
"(g) The CPO shall annually review training requirements for procurement personnel within all agencies with independent procurement authority and notify the Council of any recommended modifications to their training or certification requirements.".
(c) Section 1105 (D.C. Official Code § 2-361.05) is amended by adding a new subsection (c) to read as follows:
"(c) The Director of the Department of General Services shall prepare and submit to the Council annually an acquisition plan identifying the size and nature of the Department of General Services' anticipated procurement workload for the following fiscal year, with the information identified in subsections (a-1) and (b) of this section.".
Sec. 3. Applicability.
(a) This act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan.
(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification.
(c)(1) The Budget Director shall cause the notice of the circulation to be published in the District of Columbia Register.
(2) The date of publication of the notice of the certification shall not affect the applicability of this act.
Sec. 4. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report 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.
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.
