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Current through October 23, 2012
(a)(1) The Department shall be under the supervision of a Director who shall carry out the functions and authorities assigned to the Department.
(2) The Mayor shall appoint the Director with the advice and consent of the Council.
(b) The Director shall have full authority over the Department and all functions and personnel assigned to the Department, including the power to re-delegate to other employees and officials of the Department such powers and authority as in the judgment of the Director are warranted in the interests of efficiency and sound administration.
(c) The Director shall monitor the accomplishment of the requirements of this subchapter in contracting and procurement performed by any government corporation involved in the development of a commercial ballpark or soccer stadium and in all projects exceeding $10 million in value.
(d) The Director shall have authority to make a recommendation to the Chief Procurement Officer of the Office of Contracting and Procurement or a government corporation to reject proposed award of contract awards and procurements that the Director finds fail to comply with agency or project requirements for certified business enterprise contracting and procurement.
(e) The Director shall have authority to make a recommendation to the Chief Procurement Officer of the Office of Contracting and Procurement or a government corporation to require the payment of fines pursuant to § 2- 218.48 by prime contractors who fail to comply with the requirements of this subchapter.
(f) The Director shall have the authority to make a recommendation to the Chief Procurement Officer of the Office of Contracting and Procurement or a government corporation to withhold payment on contracts shown to be substantially noncompliant as to their approved certified business enterprise subcontracting plans, if a subcontracting plan is required pursuant to § 2- 218.46.
(g) The Director shall have the authority to impose fines for violations of this subchapter or the regulations implemented thereunder.
(Oct. 20, 2005, D.C. Law 16-33, § 2312, 52 DCR 7503; July 18, 2008, D.C. Law 17-207, § 2(b), 55 DCR 6107; Apr. 20, 2010, D.C. Law 18-141, § 2(b), 57 DCR 1485.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 17-207, in subsecs. (d) and (f), substituted "certified" for "local, small, and disadvantaged".
D.C. Law 18-141 added subsec. (g).
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(b) of the Department of Small and Local Business Development Subcontracting Clarification, Benefit Expansion, and Grant-making Authority Temporary Amendment Act of 2007 (D.C. Law 17-96, January 29, 2008, law notification 55 DCR 3403).
Emergency Act Amendments
For temporary (90 day) addition, see § 2312 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
For temporary (90 day) amendment of section, see § 2(b) of Department of Small and Local Business Development Subcontracting Clarification, Benefit Expansion, and Grant-making Authority Emergency Amendment Act of 2007 (D.C. Act 17-156, October 18, 2007, 54 DCR 10919).
For temporary (90 day) amendment of section, see § 2(b) of Department of Small and Local Business Development Subcontracting Clarification, Benefit Expansion, and Grant-making Authority Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-251, January 23, 2008, 55 DCR 1259).
Legislative History of Laws
For Law 16-33, see notes following § 2-218.01.
For Law 17-207, see notes following § 2-218.02.
For Law 18-141, see notes following § 2-218.02.
