§ 2-301.04. Application of chapter.[Repealed]

Prior Codifications

1981 Ed., § 1-1181.4.

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 3(a) of the Procurement Reform Temporary Amendment Act of 1997 (D.C. Law 12-17, Sep. 12, 1997, law notification 44 DCR 5459)

For temporary (225 day) amendment of the School Safety and Security Contracting Procedures Temporary Amendment Act of 2004 (D.C. Law 15-318, April 8, 2005, law notification 52 DCR 4707).

Emergency Act Amendments

For temporary amendment of section, see §§ 3(a) and (e) of the Procurement Reform Emergency Amendment Act of 1997 (D.C. Act 12-62, April 15, 1997, 44 DCR 2413), and §§ 3(a) and (e) of the Procurement Reform Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-133, August 12, 1997, 44 DCR 4832).

For temporary amendment of section, see § 2(a) of the Procurement Reform Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-374, April 24, 1998, 45 DCR 4338).

For temporary (90-day) amendment of section, see § 2 of the Advisory Neighborhood Commission Procurement Exclusion Emergency Amendment Act of 1999 (D.C. Act 13-150, December 1, 1999, 46 DCR 10393).

For temporary (90-day) amendment of section, see § 2 of the Advisory Neighborhood Commission Procurement Exclusion Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-316, April 17, 2000, 47 DCR 2875).

For temporary (90-day) amendment of section, see § 702 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see § 702 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

For temporary (90 day) amendment of section, see § 2 of Advisory Neighborhood Commission Procurement Exclusion Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-12, March 2, 2001, 48 DCR 2498).

For temporary (90 day) amendment of section, see § 9 of Metropolitan Police Department School Safety and Security Emergency Act of 2004 (D.C. Act 15-496, August 2, 2004, 51 DCR 8797).

For temporary (90 day) amendment of section, see § 8 of School Safety and Security Contracting Procedures Emergency Act of 2004 (D.C. Act 15-596, November 30, 2004, 51 DCR 11219).

For temporary (90 day) amendment of section, see §§ 2(b), 3 of School Security Authority Extension Emergency Amendment Act of 2004 (D.C. Act 15-728, January 13, 2005, 52 DCR 1954).

For temporary (90 day) amendment of section, see § 8 of School Safety and Security Contracting Procedures Congressional Review Emergency Amendment Act of 2005 (D.C. Act 16-3, January 19, 2005, 52 DCR 2675).

For temporary (90 day) amendment of section, see § 2 of MPD CCTV Procurement Exemption Emergency Amendment Act of 2007 (D.C. Act 17-15, February 20, 2007, 54 DCR 1772).

Legislative History of Laws

Law 8-258 was introduced in Council and assigned Bill No. 8-643, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on December 4, 1990, and December 18, 1990, respectively. Signed by the Mayor on December 27, 1990, it was assigned Act No. 8-343 and transmitted to both Houses of Congress for its review.

Law 11-117, the "Prison Industries Act of 1996," was introduced in Council and assigned Bill No. 11-151, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on January 4, 1996, and February 6, 1996, respectively. Signed by the Mayor on February 26, 1996, it was assigned Act No. 11-221 and transmitted to both Houses of Congress for its review. D.C. Law 11-117 became effective on May 8, 1996.

For legislative history of D.C. Law 11-259, see Historical and Statutory Notes following § 2-301.01.

Law 12-104, the "Procurement Reform Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-363, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on December 4, 1997, and January 6, 1998, respectively. Signed by the Mayor on February 3, 1998, it was assigned Act No. 12-280 and transmitted to both Houses of Congress for its review. D.C. Law 12-104 became effective on May 8, 1998.

Law 13-172, the "Fiscal Year 2001 Budget Support Act of 2000," was introduced in Council and assigned Bill No. 13-679, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 18, 2000, and June 6, 2000, respectively. Signed by the Mayor on June 26, 2000, it was assigned Act No. 13-375 and transmitted to both Houses of Congress for its review. D.C. Law 13-172 became effective on October 19, 2000.

Law 13-228, the "Advisory Neighborhood Commission Procurement Exclusion Amendment Act of 2000", was introduced in Council and assigned Bill No. 13-406, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on November 8, 2000, and December 5, 2000, respectively. Signed by the Mayor on December 21, 2000, it was assigned Act No. 13-504 and transmitted to Both Houses of Congress for its review. D.C. Law 13-228 became effective on April 3, 2001.

Law 15-350, the "School Safety and Security Contracting Procedures Act of 2004", was introduced in Council and assigned Bill No. 15-725 which was referred to the Committee on Judiciary and the Committee on Education, Libraries and Recreation. The Bill was adopted on first and second readings on July 13, 2004, and December 21, 2004, respectively. Signed by the Mayor on January 19, 2005, it was assigned Act No. 15-745 and transmitted to both Houses of Congress for its review. D.C. Law 15-350 became effective on April 13, 2005.

Law 17-9, the "Public Education Reform Amendment Act of 2007", was introduced in Council and assigned Bill No. 17-1, which was referred to Committee of the Whole. The Bill was adopted on first and second readings on April 3, 2007, and April 19, 2007, respectively. Signed by the Mayor on April 23, 2007, it was assigned Act No. 17-38 and transmitted to both Houses of Congress for its review. D.C. Law 17-9 became effective on June 12, 2007.

For history of Law 18-371, see notes under § 2-301.01.

Miscellaneous Notes

Sections 2, 3 and 5 of D.C. Law 18-368 provides:

"Sec. 2. Definitions.

"For the purposes of this act, the term:

"(1) 'Deed Transfer and Recordation Taxes' means the revenue resulting from the imposition of the taxes under section 303 of the District of Columbia Deed Recordation Tax Act of 1962, approved March 2, 1962 (76 Stat. 11; D.C. Official Code § 42-1103), and section 47-903 of the District of Columbia Official Code.

"(2) 'Developer' means Eastbanc-W.D.C. Partners, LLC., its successors, affiliates, and assigns, either collectively or individually.

"(3) 'District Property' means the West End Library Property, Special Operations/MPD Building Property, and the West End Fire Station Property, as defined in paragraph (9) of this section.

"(4) 'Fund' means the West End Library and Fire Station Maintenance Fund established by section 4.

"(5) 'Fund Managers' means the Chief Librarian of the District of Columbia Public Library and the Mayor.

"(6) 'LDDA' means the Land Development and Disposition Agreement between the District and the Developer pursuant to the West End Parcels Disposition Approval Resolution of 2010, effective July 13, 2010 (Res.18-553; 57 DCR 7623).

"(7) 'Maintenance Agreement' means a West End Library and Fire Station Maintenance Agreement by and among the Fund Managers, and Developer, or its successors, or assigns, and established pursuant to section 5.

"(8) 'Project' means the acquisition, development, construction, installation, and equipping of the multi-use project to be located on the Property, to include:

"(A) A new library, estimated to contain approximately 20,000 gross square feet;

"(B) A new fire station, estimated to contain approximately 16,000 gross square feet;

"(C) A residential building on Square 37 estimated to contain approximately 224,390 gross square feet with approximately 153 units;

"(D) A residential rental building, including affordable housing units in Square 50, subject to public financial assistance;

"(E) Retail space estimated to contain approximately 9,600 gross square feet; and

"(F) Below-grade parking.

"(9) 'Property" means the following parcels of land located in Squares 37 and 50 in the District:

"(A) Square 37, Lot 836 ('West End Library Property');

"(B) Square 37, Lot 837 ('Special Operations/MPD Building Property');

"(C) Square 37, Lot 855 ('Developer Property');

"(D) Square 50, Lot 822 ('West End Fire Station Property'); and

"(E) Related air rights parcels.

"(10) 'West End Fire Station' means a new fire station in Square 50 in the West End to be constructed by the Developer pursuant to the LDDA.

"(11) 'West End Library' means a new neighborhood branch library to be constructed in Square 37 in the West End by the Developer pursuant to the LDDA.

"Sec. 3. Authorization.

"(a) Notwithstanding any statutory and regulatory process established regarding contracting and procurement, the District of Columbia Board of Library Trustees is authorized to procure the services of Developer for the design, development, and construction of that portion of the Project to include the West End Library, subject to a cost cap as established pursuant to agreement between the District and Developer.

"(b) Notwithstanding any statutory regulatory process established regarding contracting and procurement, the Mayor is authorized to procure the services of Developer for the design, development, and construction of that portion of the Project to include the West End Fire Station, subject to a cost cap as established pursuant to agreement between the District and Developer.

"(c)(1) The District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Official Code § 2-301.01 et seq.), and the Procurement Practices Reform Act of 2010, passed on 2nd reading on December 7, 2010 (Enrolled version of Bill 18-610), shall not apply to the procurement authorized under subsections (a) and (b) of this subsection.

"(2) The regulations set forth in Chapter 43 of Title 19 and Title 27 of the District of Columbia Municipal Regulations shall not apply to the procurement authorized under subsections (a) and (b) of this subsection."

"Sec. 5. West End Library and Fire Station Maintenance Agreement.

"(a) Notwithstanding any other provision of law, the Mayor and the Board of Library Trustees are authorized to enter into a maintenance agreement with a contractor to provide supplemental maintenance services to the West End Library and West End Fire Station in order to:

"(1) Maintain the cleanliness and operability of the exterior facade of the West End Fire Station and West End Library to at least the same standards as the larger buildings of which they are a part;

"(2) Maintain the cleanliness and operability of the interior of the West End Fire Station and West End Library, including lighting, window coverings, floors and floor coverings, bathrooms and other public spaces, FF&E, and the HVAC systems to at least the same standards as the larger buildings of which they are a part;

(3) Pay for supplemental external building and grounds maintenance;

"(4) Pay for property, casualty, and liability insurance (premiums and deductibles) attributable to the new library and fire station components of the Project (including common elements); and

"(5) Provide a capital replacement reserve for the new library and the new fire station as determined to be needed by the Chief Librarian of the District of Columbia Public Library and the Mayor.

"(b)(1) The District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Official Code § 2-301.01 et seq.), and the Procurement Practices Reform Act of 2010, passed on 2nd reading on December 7, 2010 (Enrolled version of Bill 18-610), shall not apply to the Maintenance Agreement.

"(2) The regulations set forth in Chapter 43 of Title 19 and Title 27 of the District of Columbia Municipal Regulations shall not apply to the Maintenance Agreement."

Effective Dates

Section 203(c) of Pub. L. 109-356, as amended by Pub. L. 110-5, § 21073(h), provides: "This section and the amendments made by this section shall take effect [October 16, 2007]."