§ 2-352.02. Criteria for Council review of multiyear contracts and contracts in excess of $1 million.
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Current through October 23, 2012
(a) Pursuant to § 1-204.51, prior to the award of a multiyear contract or a contract in excess of $1 million during a 12-month period, the Mayor or executive independent agency or instrumentality shall submit the proposed contract to the Council for review and approval in accordance with the criteria established in this section.
(b)(1) A proposed multiyear contract shall be deemed disapproved by the Council unless, during the 45-calendar-day review period beginning on the 1st day (excluding Saturdays, Sundays, and holidays) following its receipt by the Office of the Secretary to the Council, the Council adopts a resolution to approve the proposed multiyear contract.
(2) A proposed contract in excess of $1 million during a 12-month period shall be deemed approved by the Council if one of the following occurs:
(A) During the 10-day period beginning on the 1st day (excluding Saturdays, Sundays, and holidays) following its receipt by the Office of the Secretary to the Council, no member of the Council introduces a resolution to approve or disapprove the proposed contract; or
(B) If a resolution has been introduced in accordance with subparagraph (A) of this paragraph, and the Council does not disapprove the contract during the 45- day review period beginning on the 1st day (excluding Saturdays, Sundays, and holidays) following its receipt by the Office of the Secretary to the Council.
(3)(A) Council approval of contracts submitted pursuant to paragraph (2) of this subsection shall expire 12 months after the award of the contract.
(B)(i) Council approval of a contract containing a provision that grants to the District the option of continuing or amending the contract beyond the 12-month period of Council approval shall not constitute Council approval of the exercise of the option contract.
(ii) To exercise an option that meets the criteria for Council review pursuant to this section, the Mayor shall submit the option contract to the Council pursuant to this section.
(iii) The exercise of an option that meets the criteria for Council review under this subsection without Council review of the option contract is a violation of this section and § 1-204.51.
(c) Proposed contracts submitted pursuant to this section may be submitted electronically and shall contain a summary, including the following:
(1) The proposed contractor, contract amount, unit and method of compensation, contract term, and type of contract;
(2) The goods or services to be provided, the methods of delivering goods or services, and any significant program changes reflected in the proposed contract;
(3) The selection process, including the number of offerors, the evaluation criteria, and the evaluation results, including price and technical components;
(4) The background and qualifications of the proposed contractor, including its organization, financial stability, personnel, and prior performance on contracts with the District government;
(5) Performance standards and expected outcomes of the proposed contract;
(6) A certification that the proposed contract is within the appropriated budget authority for the agency for the fiscal year and is consistent with the financial plan and budget adopted in accordance with §§ 47-392.01 and 47- 392.02;
(7) A certification that the proposed contract is legally sufficient, including whether the proposed contractor has any currently pending legal claims against the District;
(8) A certification that the proposed contractor is current with its District and federal taxes or has worked out and is current with a payment schedule approved by the District or federal government;
(9) The status of the proposed contractor as a certified local, small, or disadvantaged business enterprise, as defined in subchapter IX-A of Chapter 2 of this title;
(10) Other aspects of the proposed contract that the CPO considers significant;
(11) A statement indicating whether the proposed contractor is currently debarred from providing services or goods to the District or federal government, the dates of the debarment, and the reasons for debarment; and
(12) Where the contract, if executed, will be made available online.
(d) No proposed multiyear contract and no proposed contract in excess of $1 million for a 12-month period shall be awarded until after the Council has reviewed and approved the proposed contract as provided in this section.
(e) Notwithstanding subsection (a) of this section, review and approval by the Council of a definitive contract in excess of $1 million during a 12-month period shall constitute the Council review and approval, required by § 1- 204.51(b), of the definitive contract and the merged letter contract contained therein.
(f) Any employee or agency head who shall knowingly or willfully enter into a proposed multiyear contract or a proposed contract in excess of $1 million without prior Council review and approval in accordance with this section shall be subject to suspension, dismissal, or other disciplinary action under the procedures set forth in subchapter XVI-A of Chapter 6 of Title 1.
(g)(1) No contractor who knowingly or willfully performs on a contract with the District in excess of $1 million for a 12-month period without prior Council approval shall be paid more than $1 million for the products or services provided.
(2) No contractor who knowingly or willfully performs on a multiyear contract with the District without prior Council approval of the multiyear contract shall be paid in more than one calendar year for the products or services provided.
(h) Review and approval by the Council of the annual capital program of federal highway aid projects shall constitute the Council review and approval required by § 1-204.51(d)(3) of individual federal-aid highway contracts that make up the annual program.
(Apr. 8, 2011, D.C. Law 18-371, § 202, 58 DCR 1185.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
2001 Ed., § 2-301.05e.
Legislative History of Laws
For history of Law 18-371, see notes under § 2-351.01.
