Title 2 — Government Administration.

(a) This chapter shall be liberally construed and applied to promote its underlying purposes and policies. (b) In enacting this chapter, the Council supports the following statutory purposes: (1) To simplify, clarify, and modernize the law governing the procurement of goods, serv…

Unless superseded by the particular provisions of this chapter, the principles of law and equity, including subtitle I of Title 28 of the District of Columbia Official Code, and laws relative to capacity to contract, agency, fraud, misrepresentation, duress, coercion, mistake, or…

Every contract or duty within this chapter imposes an obligation of good faith in its performance or enforcement. For purposes of this chapter, the term “good faith” means honesty in fact in the conduct or transaction concerned and the observance of reasonable commercial standard…

For the purposes of this chapter, the term: (1) “Affiliate” means any business in which: (A) A suspended or debarred person is an officer or has a substantial financial interest and any business that has a substantial direct or indirect ownership interest in the suspended or deba…

(a) Except as provided in this section, this chapter, except for § 2-352.02, 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 subchapt…

(a)(1) There is established as an independent agency the Office of Contracting and Procurement, which shall be administered by the Chief Procurement Officer. Except as otherwise provided in this chapter, OCP, through the CPO, shall have the exclusive authority to administer the p…

(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 accorda…

(a) The agency head of the Office of Contracting and Procurement shall be the Chief Procurement Officer. (b) The CPO shall be appointed by the Mayor with the advice and consent of the Council pursuant to § 1-523.01. (c) On April 8, 2011, the incumbent CPO shall continue to serve …

(a) The Chief Procurement Officer shall be the chief procurement official of the District. (b) The CPO shall have the following authority and responsibility: (1) To serve as the central procurement and contracting officer for the District; (2) To identify gaps, omissions, or inco…

(a) Before issuing a solicitation for a privatization contract pursuant to this section, the District government agency on whose behalf the solicitation will be issued shall prepare an estimate of the fully allocated cost associated with providing the relevant goods or services u…

(a) The CPO shall establish and administer a procurement training institute to facilitate a system of training, continuing education, and certification for District contracting personnel. The procurement training institute may: (1) Conduct or participate in procurement education …

The CPO shall establish a process to certify, on a solicitation-by-solicitation basis, the responsibility of prospective contractors. The process shall ensure that the prospective contractor: (1) Has adequate financial resources to perform the contract or the ability to obtain th…

(a) Prior to awarding a contract, the District shall make a determination, in accordance with the process established under § 2-353.01, that the prospective contractor has the necessary capacity to perform in accordance with the terms and conditions of the contract. (b) For all c…

(a)(1) Except as otherwise authorized by law, all District government contracts shall be awarded by: (A) Competitive sealed bidding pursuant to § 2-354.02; (B) Competitive sealed proposals pursuant to § 2-354.03; (C) Sole source procurements pursuant to § 2-354.04; (D) Emergency …

(a) Contracts exceeding $100,000 shall be awarded by competitive sealed bidding unless the CPO issues a determination and findings that use of competitive sealed bidding is not practicable or not in the best interests of the District. (b) Bids shall be solicited through an Invita…

(a) A contract may be entered into by competitive sealed proposal when the use of competitive sealed bidding is not practicable or not advantageous to the District. (b) Proposals shall be solicited from the maximum number of qualified sources and in a manner consistent with the n…

(a) A contract may be awarded through noncompetitive negotiations when there is only one source for the required good or service. (b) The CPO shall make a determination and findings justifying the sole source procurement. (c) Notice of intent to enter into a sole source contract …

(a) Notwithstanding any other provision of this chapter, a contract may be awarded through an emergency procurement as defined by rules: (1) When there is an imminent threat to the public health, welfare, property, or safety; or (2) To prevent or minimize serious disruption in ag…

(a) Notwithstanding any other provision of this chapter, the CPO may award a human care agreement for a human care service if the human care service to be provided is: (1) Negotiated on a fee for service or unit-rate basis using benchmarks and quantifiable measurements that shall…

(a) The CPO may establish a streamlined process for entering into contracts for goods and services not exceeding $100,000. The process shall set forth: (1) Requirements for basic competition, including solicitation of contracts or orders from multiple vendors; (2) A noncompetitiv…

(a) The CPO may, with prior public notice and in accordance with rules issued pursuant to this chapter, award a contract without competitive sealed bidding or competitive sealed proposals if it is determined that an unusual or unique situation exists that makes the application of…

(a)(1) The CPO may procure goods or services through reverse auction via the Internet when it is determined that the reverse auction bidding method is the most effective method for the District. (2) The CPO may place any requirement for a good or service on an established Interne…

(a) The CPO may procure goods or services through a General Services Administration schedule pursuant to 40 U.S.C. § 502(a)(3) and 40 U.S.C. § 602(c). (b) The CPO shall ensure that the price of any contract entered into under subsection (a) of this section is reasonable.

(a) The CPO may, and is encouraged to, participate in, sponsor, conduct, or administer cooperative purchasing agreements for the procurement of goods, services, or construction. (b) Cooperative purchasing agreements entered into by the District government shall be in accordance w…

(a) There is established a District of Columbia Supply Schedule program under which contracts may be awarded to certified business enterprises. The DCSS program may consist of multiple award schedules or other procurement programs established by the CPO. (b) A DCSS contract may b…

Contracts for the following procurements shall be exempt from the competition requirements established by this chapter: (a)(1) Artistic services or works of art; (2) Commodities or contractual services if federal or District law prescribes with whom the District must contract; (3…

An Invitation for Bid, a Request for Proposals, or other solicitation may be cancelled if it is determined in writing by the CPO that the action is taken in the best interests of the District government.

(a) A person who enters into a contract with the District after engaging in collusion with another person for the purpose of defrauding the District shall be liable for damages equal to 3 times the value of the loss to the District attributable to the collusion. (b) If there is a…

(a) A contractor shall not offer to pay any fee or other consideration that is contingent on the making of a contract. (b) Every contract shall contain the following prohibition against contingent fees: “The contractor warrants that no person or selling agency has been employed o…

The CPO shall review information which has been designated as confidential or proprietary by a person and which has been submitted in response to an Invitation for Bids or Request for Proposals. If the CPO determines that the designation is proper, the information shall be treate…

(a) The District may, at reasonable times and places, audit the books and records of any person who has submitted data to substantiate offered prices pursuant to § 2-354.19 to the extent that the books and records relate to that data. A person who receives a contract, change orde…

(a) A contracting officer may request factual information reasonably available to the contractor or prospective contractor to substantiate that the price or cost offered, or some portion of it, is reasonable. (b) The CPO shall establish a process for determining the reasonablenes…

(a) The CPO may establish a prequalification process to certify the financial and professional qualifications of prospective bidders and offerors for District government contracts. The CPO may limit participation in certain procurements to prospective contractors who have been pr…

An agency shall not enter into a cost-plus-a-percentage-of-cost contract.

(a) A cost-reimbursement contract shall not be awarded pursuant to § 2-354.02, § 2-354.03, or § 2-354.04 unless there is a determination and findings that: (1) The contract is likely to be less costly to the District than any other type of contract; or (2) It is impracticable to …

Subject to the limitations of this chapter and this subchapter, any type of contract which will promote the best interests of the District may be used.

(a) Unless otherwise provided in an appropriations act, or approved pursuant to § 1-204.51, a contract for goods or services shall not be entered into for periods which extend beyond 12 months. (b) Before entering into a multiyear contract, the CPO shall determine in writing that…

(a) This subchapter shall govern procurements for construction projects and related management services in the District. (b) The following project delivery methods are authorized for procurements within the scope of this subchapter: (1) Architectural and engineering services; (2)…

(a) This section specifies the source selection methods applicable to procurements for the project delivery methods identified in § 2-356.01, except as provided in §§ 2-354.04, 2-354.05, 2-354.07, 2-354.08, 2-354.11, and 2-354.12. (b)(1) The qualifications-based selection process…

(a) Except for architectural and engineering services, prospective contractors for procurements under this subchapter may be selected through a prequalification process as set forth in this section. (b) The prequalification process shall provide for the annual publication of a li…

(a) The District shall announce all requirements for architectural and engineering services and negotiate contracts for these services on the basis of demonstrated competence and qualification and at fair and reasonable prices. (b) In the procurement of architectural and engineer…

(a) Bid security shall be required for all competitive sealed bidding and competitive sealed proposals for construction contracts when the price is estimated by the contracting officer to exceed $100,000. Bid security shall be a bond provided by a surety company authorized to do …

(a)(1) When a construction contract is awarded in excess of $100,000, the following bonds or security shall be delivered to the District and shall become binding on the parties upon the execution of the contract: (A) A performance bond satisfactory to the District, executed by a …

(a) The CPO shall prescribe the form of the bonds required by this chapter. (b) Any person may request and obtain from the District a certified copy of a bond upon payment of the cost of reproduction of the bond and postage, if any. A certified copy of a bond shall be prima facie…

Pursuant to rules promulgated under this chapter, the CPO may require a solicitation to include one or more of the following forms of security to assure the timely, faithful, and uninterrupted provision of operations and maintenance services, procured separately or as one element…

Pursuant to rules promulgated under this chapter, the CPO may require a bond for any solicitation if the CPO determines that it would be in the best interests of the District.

(a) Every contract modification, change order, or contract price adjustment under a contract with the District shall be subject to prior written certification by the fiscal officer of the entity responsible for funding the project or the contract, or other official responsible fo…

The CPO shall issue rules governing: (1) The management of goods during their entire life cycle; (2) The sale, lease, disposal, or transfer of surplus goods by public auction, competitive sealed bidding, competitive electronic sales, or other appropriate method designated by rule…

(a) The CPO may transfer District surplus goods to an organization qualified as tax-exempt under section 501 of the Internal Revenue Code of 1986, approved August 16, 1954 (68A Stat. 163; 26 U.S.C. § 501), or state, county, or municipal jurisdictions after an attempt has been mad…

(a) The CPO may enter into an agreement with a District agency not otherwise under the authority of the CPO, including an independent agency or a public charter school, to sell its surplus goods. (b) OCP may charge an administrative fee of 6% of gross proceeds for the sale of sur…