(a) There is established a compliance unit ("Unit") within the Office of the District of Columbia Auditor.
(b) The Unit shall:
(1) Conduct an audit and report on compliance related to real estate development transactions, agreements, or parcels ("projects") receiving government assistance, which were previously managed by the dissolved National Capital Revitalization Corporation and Anacostia Waterfront Corporation and placed under the management of the Office of the Deputy Mayor for Planning and Economic Development, pursuant to the National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Act of 2008, effective March 26, 2008 (D.C. Law 17-138; D.C. Official Code § 2-1225.01 et seq.);
(2) Monitor agency contracting and procurement activities to the extent those activities are related to the achievement of the goals set forth in § 2- 218.41;
(3) Review quarterly and annual reports required by §§ 2-218.50 and 2- 218.53 of each agency;
(4) Monitor third-party contracting and procurement activities to the extent those activities are related to contracting with, and procuring from, certified business enterprises; and
(5) Review any reports as may be required of third parties.
(c) For the purposes of this part, the term "government assistance" means a grant, loan, tax increment financing, or other financial assistance that results in a financial benefit from an agency, commission, instrumentality, or other entity of the District government. The term "government assistance" may also include PILOT financing, a Tax Abatement, a Tax Incentive, or a discounted lease or sale price for District- owned land.
(d) The Unit's audit shall focus on the following compliance requirements:
(1) Requirements related to developer selection and performance guidelines, as defined in the Mayor's source-selection process;
(2) Requirements related to selection of goods and services, as defined in Unit A of Chapter 3 of Title 2;
(3) Requirements related to living-wage laws pursuant to subchapter X-A of Chapter 2 of Title 2;
(4) Requirements related to contracting with, and procuring goods and services from, Certified Business Enterprises ("CBEs") pursuant to subchapter IX-A of Chapter 2 of Title 2 ("SLDBE Assistance Act");
(5) Requirements related to equity and development participation by CBEs pursuant to the SLDBE Assistance Act;
(6) Requirements related to environmental standards, including Chapter 14A of Title 6, part B of subchapter XIV of Chapter 12 of Title 2, and where applicable, the Leadership in Energy and Environmental Design ("LEED") Green Building Rating System; and
(7) Requirements related to affordable housing mandates, including subchapter II-A of Chapter 10 of Title 6, the Community Development Block Grant, the Housing Production Trust Fund, the Home Investment Partnerships Program, and the Low-Income Housing Tax Credit program, as applicable.
(June 13, 2008, D.C. Law 17-176, § 2, 55 DCR 5390; Mar. 3, 2010, D.C. Law 18-111, § 2221(a), 57 DCR 181.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 18-111 rewrote subsec. (b), which had read as follows:
"(b) The Unit shall conduct an audit and report on compliance related to real estate development transactions, agreements, or parcels ('projects') receiving government assistance, which were previously managed by the dissolved National Capital Revitalization Corporation and Anacostia Waterfront Corporation and placed under the management of the Office of the Deputy Mayor for Planning and Econornic Development, pursuant to the National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Act of 2008, effective March 26, 2008 (D.C. Law 17-138; 55 DCR 1689)."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2221(a) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).
For temporary (90 day) amendment of section, see § 2221(a) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
Legislative History of Laws
Law 17-176, the "Compliance Unit Establishment Act of 2008", was introduced in Council and assigned Bill No.17-503 which was referred to the Committee on Economic Development. The Bill was adopted on first and second readings on March 4, 2008, and April 1, 2008, respectively. Signed by the Mayor on April 22, 2008, it was assigned Act No. 17-360 and transmitted to both Houses of Congress for its review. D.C. Law 17-176 became effective on June 13, 2008.
Law 18-111, the "Fiscal Year 2010 Budget Support Act of 2009", was introduced in Council and assigned Bill No. 18-203, which was referred to the Committee on the Whole. The bill was adopted on first and second readings on May 12, 2009, and September 22, 2009, respectively. Signed by the Mayor on December 18, 2009, it was assigned Act No. 18-255 and transmitted to both Houses of Congress for its review. D.C. Law 18-111 became effective on March 3, 2010.
Miscellaneous Notes
Section 7100 of D.C. Law 17-219 repealed section 6 of D.C. Law 17-176.
Short title: Section 2220 of D.C. Law 18-111 provided that subtitle W of title II of the act may be cited as the "Department of Small and Local Business Development Amendment Act of 2009".
(a) In analyzing compliance for the relevant projects under the purview of the Office of the Deputy Mayor for Planning and Economic Development, the Unit is authorized to look at:
(1) All contracts for completed projects;
(2) All contracts for projects currently being developed;
(3) All contracts for projects developed after June 13, 2008;
(4) All relevant statutes and regulations;
(5) All procurement documents, including requests for proposals, requests for expressions of interest, requests for qualifications, and responses;
(6) All relevant budget documents;
(7) All documents related to payment of contractors;
(8) All staffing schemes and position descriptions related to the project under review; and
(9) Any other relevant books, accounts, records, reports, findings, and all other papers, things, or property belonging to or in use by the District government and contractor necessary to analyzing compliance.
(b) To carry out its duties, the Unit is authorized to make site visits and meet with government and private-sector project staff members to evaluate whether each project was completed, or is being completed, in accordance with the documents referenced in subsection (a) of this section.
(c) In reviewing the annual report required by §§ 2-218.50 and 2-218.53, and the annual report, the Unit is authorized to look at any contracts, accounts, records, reports, findings, and all other papers, things, or property belonging to or in use by the District government and contractor.
(June 13, 2008, D.C. Law 17-176, § 3, 55 DCR 5390; Mar. 3, 2010, D.C. Law 18-111, § 2221(b), 57 DCR 181.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 18-111 added subsec. (c).
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2221(b) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).
For temporary (90 day) amendment of section, see § 2221(b) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
Legislative History of Laws
For Law 17-176, see notes following § 1-301.181.
For Law 18-111, see notes following § 1-301.181.
(a) The Unit will conduct its audit after the completion of each project, once the project has received a certificate of occupancy. Each project will only be audited one time.
(b) The Unit's reporting requirements that are submitted to the Council after the completion of the project and at the end of each fiscal year shall include an annual written report, including an executive summary, compiling the Unit's findings, which:
(1) Assesses the compliance and enforcement capacity of each District agency required to monitor and enforce requirements set forth in § 1-301.181(b), including the number of employees still needed to meet those requirements;
(2) Evaluates each project identifying relevant compliance requirements, such as which contract, procurement, or legislative mandates were met, or not met, and reasons for under-compliance or noncompliance; and
(3) Makes recommendations addressing problems with under-compliance and noncompliance with a goal of 100% compliance for all relevant contract, procurement, or legislative mandates.
(c) The Unit shall provide written and oral testimony to the Council on the findings for each project discussed in subsection (b) of this section at oversight hearings that are to be scheduled by the Council Chairperson at the request of the Unit.
(d) The Unit shall make public the names of any contractor found to be under-compliant or noncompliant after a correction period to be determined at the discretion of the Unit on a per-project basis.
(e) If the Unit's findings reveal under-compliance or noncompliance on a given project, the Unit is required to report such findings to the relevant District agency's director and the Council Chairperson. The relevant District agency shall be responsible for enforcing compliance of any violation found.
(f) Annual reports and written testimony from oversight hearings shall be made available to the general public on the Office of the District of Columbia Auditor's website.
(June 13, 2008, D.C. Law 17-176, § 4, 55 DCR 5390; Sept. 26, 2012, D.C. Law 19-171, § 5, 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 19-171 validated a previously made technical correction in subsec. (c).
Legislative History of Laws
For Law 17-176, see notes following § 1-301.181.
For history of Law 19-171, see notes under § 1-125.
Miscellaneous Notes
Section 6 of Law 17-176 provides:
"This act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan."
(a) The Unit shall submit to the Council, within 60 days of the end of each quarter, the quarterly reports of each agency required by § 2-218.53 and the quarterly reports of each government corporation required by § 2-218.50(f).
(b) The Unit shall submit to the Council the following:
(1) A summary of the information that each agency is required to submit pursuant to § 2-218.53 and the information that each government corporation is required to submit pursuant to § 2-218.50(f), in a format that shows the cumulative progress of each agency's or government corporation's annual LSDBE contracting and procurement goals to date, and the actual dollar amount expended with each business enterprise for the current fiscal year; and
(2) A list of all agencies and government corporations that have not submitted a report for that quarter with a detailed explanation of what actions were taken by the Department of Small and Local Business Development ("Development") to effectuate compliance with the reporting requirement.
(3) A summary of the information that each contractor is required by the Auditor, in a format as prescribed by the Auditor; and
(4) A list of all contractors that have not submitted a report with a detailed explanation of what actions were taken by the Department to effectuate compliance with the reporting requirement.
(June 13, 2008, D.C. Law 17-176, § 4a, as added Mar. 3, 2010, D.C. Law 18-111, § 2221(c), 57 DCR 181.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition, see § 2221(c) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).
For temporary (90 day) addition, see § 2221(c) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
Legislative History of Laws
For Law 18-111, see notes following § 1-301.181.
