Title 2, Government Administration.

(a) The Office shall: (1) Monitor and track each beneficiary of government-assisted projects in the District to ensure compliance with the First Source Employment Agreement; (2) Ensure that each beneficiary who is presently working on a governmental-assisted project or is bidding…

The Office shall be headed by an Executive Director appointed by the Mayor. The Executive Director shall be a resident of the District of Columbia or agree to become a resident of the District of Columbia within 180 days of appointment by the Mayor. The Executive Director shall e…

All nonprofit organizations, companies, associations, contractors, and subcontractors who receive a grant or funding under the American Recovery and Reinvestment Act of 2009, approved February 17, 2009 (Pub. L. No. 111-5; 98 Stat. 1861) (“ARRA”), shall: (1) As a condition of the …

(a) The Mayor, through the Department of Employment Services, shall create a listing of all jobs that have become available through grants or funding under the ARRA. (b) The Mayor, through the Department of Employment Services, shall maintain a list of ARRA-funded positions that …

This subchapter may be cited as the “Living Wage Act of 2006”.

For purposes of this subchapter, the term: (1) “Affiliated employee” means any individual employed by a recipient who received compensation directly from government assistance or a contract with the District of Columbia government (“District Government”), including any employee o…

(a) All recipients of contracts or government assistance in the amount of $100,000 or more shall pay their affiliated employees no less than the living wage. All subcontractors of recipients of these contracts that receive funds of $15,000 or more shall pay their affiliated emplo…

(a) All contracts and government assistance subject to this subchapter shall include the requirements under §§ 2-220.03, 2-220.06, 2-220.07, and 2-220.08. (b) Each recipient of a contract or government assistance shall notify each subcontractor subject to this subchapter of the r…

The following types of contracts, government assistance, and employment shall be exempt from the requirement of this subchapter: (1) Contracts or other agreements that are subject to higher wage level determinations required by federal law; (2) Existing and future collective barg…

Each recipient and subcontractor of a recipient shall provide to each affiliated employee covered by this subchapter a fact sheet concerning the payment and enforcement requirements under §§ 2-220.03 and 2-220.08, and shall also post a notice concerning these requirements in a co…

All recipients and subcontractors shall retain payroll records created and maintained in the regular course of business under District of Columbia law for a period of at least 3 years from the payroll date for employees subject to § 2-220.03.

The payment of wages, enforcement of non-payment, and penalties and remedies for non-payment required under this subchapter shall be consistent with and subject to the provisions of Chapter 13 of Title 32. Failure to pay wages in conformance with this subchapter shall constitute …

The Mayor may exempt a recipient from the requirements of this subchapter, subject to approval by the Council. Any entity requesting a waiver shall be required to demonstrate that the provisions of this subchapter will pose a significant financial hardship on the recipient that w…

The Mayor shall issue rules to implement the provisions of this subchapter.

(a) The requirements of this subchapter shall apply to contracts and agreements for government assistance (“agreement”) entered into after June 8, 2006, and shall not apply to any existing agreement entered into prior to that date. Where an agreement is renewed or extended after …

For the purposes of this subchapter, the term: (1) “Business concern” means any person engaged in a trade or business and nonprofit entities operating as contractors. (1A) “Contractor” means any entity that has a direct contract with a District agency, as that term is defined in …

(a)(1) In accordance with rules and regulations issued by the Mayor of the District of Columbia (“Mayor”), each agency of the District of Columbia government (“District”), under the direct control of the Mayor, which acquires property or services from a business concern but which…

(a) If a business concern offers a District agency a discount from the amount otherwise due under a contract for property or services in exchange for payment within a specified period of time, the District agency may make payment in an amount equal to the discounted price only if…

(a)(1) Claims for interest penalties which a District agency has failed to pay in accordance with the requirements of §§ 2-221.02 and 2-221.03 shall be filed with the contracting officer for a decision. Interest penalties under this subchapter shall not continue to accrue: (A) af…

(a) Each district agency shall file with the Mayor and the Chief Financial Officer a detailed report on any interest penalty payments made pursuant to this subchapter during the preceding fiscal year. (b) The report shall include the numbers, amounts, and frequency of interest pe…

(a) An invoice shall be deemed to have been received by an agency on (1) the date on which the agency’s designated payment office actually receives a proper invoice, or (2) the date on which the agency accepts the property or service concerned, whichever is later. (b)(1) District…

For purposes of this subchapter, the term: (1) “Contract” means any contract for goods or services between the District government and another entity but excludes any collective bargaining agreement. (2) “Contributing factor” means any factor which, alone or in connection with ot…

(a) A supervisor shall not threaten to take or take a prohibited personnel action or otherwise retaliate against an employee because of the employee’s protected disclosure or because of an employee’s refusal to comply with an illegal order. (b) A District government official or e…

(a) An employee aggrieved by a violation of § 2-223.02 may bring a civil action before a court or a jury in the Superior Court of the District of Columbia seeking relief and damages, including but not limited to injunction, reinstatement to the same position held before the prohi…

(a) As part of the relief ordered in an administrative, arbitral or judicial proceeding, a supervisor employed by a District instrumentality who is found to have violated § 2-223.02 shall be subject to appropriate disciplinary action, up to and including dismissal. (b) As part of…

(a) The institution of a civil action pursuant to § 2-223.03(a) shall preclude an employee from pursuing any administrative remedy for the same cause of action from an arbitrator pursuant to a negotiated grievance and arbitration procedure or an employment contract. (b) No civil …

District instrumentalities shall conspicuously display notices of employee protections and obligations under this subchapter in each personnel office and in other public places, and shall use all other appropriate means to keep all employees informed, including but not limited to…

(a) This subchapter shall apply to actions taken after July 13, 1998. (b) This subchapter shall apply to employees of the WMATA when the Commonwealth of Virginia and the State of Maryland enact similar provisions for WMATA whistleblowers.

For the purposes of this chapter, the term: (1) “Administrative Procedure Act” means subchapter I of Chapter 5 of this title [§ 2-501 et seq.]. (2) “Freedom of Information Act” means subchapter II of Chapter 5 of this title [§ 2-531 et seq.]. (3) “Material default” means the fail…

(a) There is established in the Office of the City Administrator an Office of Public-Private Partnerships. (b) The Office shall: (1) Be the primary public entity responsible for facilitating the development, solicitation, evaluation, award, delivery, and oversight of public-priva…

(a) The Office shall be headed by an Executive Director who shall have demonstrated knowledge, training, or experience in the following areas: (1) Infrastructure development; (2) Capital markets and finance, including municipal finance; (3) Public-sector planning; and (4) Procure…

The Mayor shall provide in the annual budget request to the Council funding for the Office of Public-Private Partnership represented as a separate line or responsibility center.

(a) There is established as a special fund the Public-Private Partnership Administration Fund (“Fund”), which shall be administered by the Executive Director in accordance with subsection (c) of this section. (b) All administrative fees collected under § 2-273.02(d) and § 2-273.0…

(a) Before beginning a competitively bid solicitation process in accordance with § 2-273.04, the Office may issue a request for information to obtain information regarding potential public-private partnership projects. (b) A request for information shall be published in a manner …

(a) The Office may provide for a process of prequalification for private entities to submit a bid pursuant to § 2-273.03. The process shall include public notice of a request for qualifications, including the requirements and the criteria the Office will use in determining whethe…

(a) A public-private partnership shall be solicited by the Office only through a competitive bid process in which a request for proposals is issued. (b) A request for proposals shall contain, at a minimum, the following: (1) A detailed description of the scope of the proposed pub…

(a) The Office may consider, evaluate, and accept an unsolicited proposal for a public-private partnership project from a private entity if the proposal: (1) Addresses a need identified in a District or regional planning document; (2) Is independently developed and drafted by the…

(a) Before the issuance of a request for proposals pursuant to § 2-273.03, the Office shall transmit to the Council a proposed resolution to approve the proposed request for proposals in accordance with the criteria established in this section. Before submitting a proposed resolu…

(a) After selecting a solicited or unsolicited proposal for a public-private partnership project, the Office or a designated public entity shall enter into a public-private partnership agreement for a qualified project with the selected private entity or entities. (b) A public-pr…

(a) The terms of a public-private partnership agreement shall not be construed as a waiver of the sovereign immunity of the District government or as a grant of sovereign immunity to any private entity. (b) ) No private entity shall be liable for the debts or obligations of the D…

(a) Parties to a public-private partnership agreement shall be exempt from Chapter 3A of this title [§ 2-351.01 et seq.], provided that §§ 2-352.02 and 2-354.15 and subchapters VII and X of Chapter 3A of this title shall apply. (b) Private entities shall comply, to the extent app…

(a)(1) Before entering into a public-private partnership agreement, the Office shall submit to the Council a report outlining the details of the selected proposal, including any participating private entities, significant terms of the public-private partnership agreement, overall…

(a) The Office, pursuant to subchapter I of Chapter 5 of this title [§ 2-501 et seq.], shall issue rules to implement the provisions of this chapter, including: (1) Rules for the development, solicitation, evaluation, award, delivery, and oversight of solicited and unsolicited pu…

(a) This chapter shall apply as of October 1, 2015. (b) Nothing in this chapter shall be construed to affect any public-private partnerships, projects, or agreements that are developed, solicited, awarded, or entered into before this chapter applies.

(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…