(Apr. 8, 2011, D.C. Law 18-371, § 1101, 58 DCR 1185.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-371, see notes under § 2-351.01.
Miscellaneous Notes
Section 1203 of D.C. Law 18-371 provides that this section shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan.
The Budget Director of the Council of the District of Columbia has determined, as of February 15, 2012, that the fiscal effect of section 803 Law 18-371 has not been included in an approved budget and financial plan. Therefore, the provisions of this section, enacted by Law 18-371, are not in effect.
(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.
(Apr. 8, 2011, D.C. Law 18-371, § 1102, 58 DCR 1185.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-371, see notes under § 2-351.01.
(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.
(Apr. 8, 2011, D.C. Law 18-371, § 1103, 58 DCR 1185; Sept. 14, 2011, D.C. Law 19-21, § 9024, 58 DCR 6226; Sept. 26, 2012, D.C. Law 19-171, § 15(b), 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 19-21 rewrote subsec. (d), which had read as follows:
"(d)(1) There is established as a nonlapsing fund the District of Columbia Supply Schedule, Purchase Card, and Training Fund ('Fund'), which shall be used to pay the costs associated with operating and maintaining the DCSS, the Purchase Card Program, cooperative purchasing agreements; the procurement training institute, or any other revenue, rebates, or fees generated by programs administered by OCP. All fees and amounts collected pursuant to subsections (a) through (c) of this section shall be deposited in the Fund.
"(2) All funds deposited in the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposed set forth in paragraph (1) of this section without regard to fiscal year limitation, subject to authorization by Congress."
D.C. Law 19-171, in the section name line, validated a previously made technical correction.
Legislative History of Laws
For history of Law 18-371, see notes under § 2-351.01.
For history of Law 19-21, see notes under § 2-351.15.
For history of Law 19-171, see notes under § 2-218.13.
(a) The CPO shall establish and maintain on the Internet publicly-available information regarding District procurement. The information shall be made available in machine-readable and searchable format and shall include the following:
(1) The legal authority and rules that govern procurement for all District agencies and instrumentalities, including those exempt from the authority of the CPO;
(2) The names of all personnel with delegated contracting authority; and
(3) For contracts in excess of $100,000, a copy of the contract and any determinations and findings, contract modifications, change orders, solicitations, or amendments associated with the contract, including those made by District agencies exempt from the authority of the CPO; provided, that the information required by this paragraph shall be made available on the Internet for at least the duration of the underlying contract or 5 years, whichever is longer.
(b) 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.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-371, see notes under § 2-351.01.
(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.
(b) Each agency shall submit its acquisition plan for the following fiscal year to the Council no later than March 20 of each year.
(Apr. 8, 2011, D.C. Law 18-371, § 1105, 58 DCR 1185.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-371, see notes under § 2-351.01.
(a)(1) The CPO, pursuant to subchapter I of Chapter 5 of this title, shall issue rules to implement the provisions of this chapter, except subchapter VI of this chapter.
(2) The Department of Real Estate Services, pursuant to subchapter I of Chapter 5 of this title, shall issue rules to implement the provisions of subchapter VI 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.
(Apr. 8, 2011, D.C. Law 18-371, § 1106, 58 DCR 1185.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-371, see notes under § 2-351.01.
