§ 2-351.05. Application; exemptions.

Current through October 23, 2012

(a) Except as provided in this section, this chapter shall apply to all subordinate agencies, instrumentalities, and employees of the District government, independent agencies, boards, and commissions.

(b) Only §§ 2-351.02, 2-351.03, 2-351.04, and subchapters III, IV, V, VII, IX, X, XI, and XII of this chapter shall apply to the Council. The duties of the CPO shall be exercised by the Council for the purposes of the application of those sections and subchapters to the Council. Notwithstanding § 2-352.01, the Mayor or the CPO shall not have the authority to monitor, review, or establish standards, procedures, regulations, or rules for contracts or procurements of the Council, unless authorized by the Council.

(1) The acquisition, disposition, or transfer of a real property asset or interest in a real property asset by lease, purchase, sale, or other method;

(2) A transaction pursuant to the subchapter I of Chapter 11 of Title 10;

(3) The District of Columbia Housing Finance Agency;

(4) The District of Columbia courts;

(5) The District Public Defender Service;

(6) The District of Columbia Advisory Neighborhood Commissions;

(7) The District of Columbia Water and Sewer Authority;

(8) Repealed.

(9) The Washington Convention and Sports Authority;

(10) The District of Columbia Auditor;

(11) The Not-for-Profit Hospital Corporation;

(12) A contract or agreement receiving or making grants or loans or for federal financial assistance;

(13) The procurement of services for the design, development, and construction of a facility on real property that has been disposed of pursuant to the authority in § 10-801; provided, that the construction of the facility is required by the Land Disposition Agreement, or similar agreement, governing the disposition of the real property;

(14) The District of Columbia Retirement Board; and

(15) The procurement of services for the demolition of an existing facility and the design, development, and construction of a facility comprised of a fire station and office space for the Fire and Emergency Medical Services Department on real property located at Butternut Street and Georgia Avenue, N.W., at the Walter Reed Army Medical Center.

                
                    var val = document.getElementById('citecontent').innerHTML;
                    art.dialog.defaults.title = window.location.href;
                    art.dialog.data('cite', val);
                    art.dialog.data('homeDemoPath', '/Scripts/plus/artDialog/');
                    art.dialog.open('/Scripts/plus/artDialog/citeiframe.html');

(Apr. 8, 2011, D.C. Law 18-371, § 105, 58 DCR 1185; Sept. 14, 2011, D.C. Law 19-21, § 1032(c), 58 DCR 6226; Dec. 2, 2011, D.C. Law 19-50, § 2, 58 DCR 8947; Sept. 26, 2012, D.C. Law 19-171, § 15(a), 59 DCR 6190.)

HISTORICAL AND STATUTORY NOTES

Effect of Amendments

D.C. Law 19-21 repealed subsec. (c)(8), which had read as follows:

"(8) The Office of Public Education Facilities Modernization;"

D.C. Law 19-50, in subsec. (c), deleted "and" from the end of par. (11 ), substituted "; and" for a period the end of par. (12 ), and added pars. ( 13) to (15).

D.C. Law 19-171, in subsec. (c)(13), validated a previously made technical correction.

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 1012(c) of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).

For temporary (90 day) amendment of section, see § 2 of Building 18 Procurement Authority Emergency Amendment Act of 2011 (D.C. Act 19-127, August 1, 2011, 58 DCR 6770).

For temporary (90 day) amendment of section, see § 2(a) of District of Columbia Retirement Board Procurement Exemption Emergency Amendment Act of 2011 (D.C. Act 19-144, August 9, 2011, 58 DCR 6821).

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 § 2-308.15.

Law 19-50, the "Disposed Real Property Procurement Clarification Amendment Act of 2011", was introduced in Council and assigned Bill No. 19-294, which was referred to the Committee on Government Operations and the Environment. The Bill was adopted on first and second readings on July 12, 2011, and September 20, 2011, respectively. Signed by the Mayor on October 11, 2011, it was assigned Act No. 19-180 and transmitted to both Houses of Congress for its review. D.C. Law 19-50 became effective on December 2, 2011.

For history of Law 19-171, see notes under § 2-218.13.