Title 2 — Government Administration.

(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…

The CPO shall establish an electronic inventory control system to monitor all surplus property. The system shall contain the following information: (1) The date of the receipt of the surplus property; (2) The agency or organization from which the surplus property was received; (3…

Repealed Repealed.

(a) There is established as a special fund the Surplus Property Sales Fund (“Fund”), which shall be administered by the CPO in accordance with subsection (c) of this section. (b) There shall be deposited into the Fund: (1) Administrative fees collected pursuant to an agreement en…

(a) A District employee shall not enter into an oral agreement with a contractor to provide goods or services to the District government without a valid written contract. A violation of this paragraph shall be cause for termination of employment of the District employee. (b) A Di…

(a) A contract entered into in violation of this chapter or the rules issued pursuant to this chapter shall be void. (b) A contract entered into in violation of this chapter or the rules issued pursuant to this chapter shall not be void if: (1) It is determined in a proceeding pu…

(a) The CPO may terminate, without liability, any contract if: (1) The contractor has been convicted of a crime arising out of or in connection with the procurement of any work to be done or any payment to be made under the contract; or (2) There has been a violation of this chap…

Unless otherwise specifically provided by law of the District, the District government and every officer, department, agency, or other unit of the District government shall not raise the defense of sovereign immunity in the courts of the District in an action based upon a written…

In an action in contract based upon a written contract executed on behalf of the District government, or by an official or employee acting within the scope of the official’s or the employee’s authority, the District government, and its officers, departments, agencies, or other un…

(a)(1) All claims by the District government against a contractor arising under or relating to a contract shall be decided by the contracting officer, who shall issue a decision in writing and furnish a copy of the decision to the contractor. (2) The decision shall be supported b…

(a)(1) After reasonable notice to a person, and reasonable opportunity to be heard: (A) The CPO shall debar a person from consideration for award of contracts or subcontracts for any conviction under subsection (c)(1) through (3) of this section, for a judicial determination of a…

(a) All claims by a contractor against the District government arising under or relating to a contract shall be in writing and shall be submitted to the contracting officer for a decision. (b) Within 120 days after receipt of a claim, the contracting officer shall issue a decisio…

Interest on amounts found due to a contractor on claims shall be payable at a rate set in § 28-3302(b) applicable to judgments against the District government from the date the contracting officer receives the claim until payment of the claim. Interest on amounts found due to the…

(a) Except for those District government employees employed by agencies not subject to Chapter 6 of Title 1 [§ 1-601.01 et seq.], District government employees who participate in the procurement process shall be subject to the provisions of subchapter XVIII of Chapter 6 of Title …

(a)(1) There is established in the executive branch of the District government a Contract Appeals Board (“Board”) to be composed of a chairperson and 2 other members. (2) The members shall be appointed as administrative judges in the Career Service and shall not be removed except…

(a)(1) The term of office of the chairperson and other full-time members of the Board shall be 4 years, except that in making the initial appointment, the Mayor shall appoint one members for a term of one year, one member for a term of 2 years, and the chairperson for a term of 3…

(a) The Board shall be the exclusive hearing tribunal for, and shall review and determine de novo: (1) Any protest of a solicitation or award of a contract addressed to the Board by any actual or prospective bidder, offeror, or the contractor who is aggrieved in connection with t…

(a) Except as provided in § 2-359.08, within 90 days after the date of receipt of a decision of the contracting officer, the contractor may appeal the decision to the Board by filing a complaint. (b) The Board shall provide, to the fullest extent practicable, informal, expeditiou…

(a) A contractor may appeal a Board decision to the District of Columbia Court of Appeals within 120 days after the date of receipt of a copy of the decision. (b) If the CPO determines that an appeal should be taken, the CPO, with the prior approval of the Office of the Attorney …

(a) A member of the Board may administer oaths to witnesses, authorize depositions and discovery proceedings, and require by subpoena the attendance of witnesses and production of books and papers for the taking of testimony or evidence by deposition or in the hearing of an appea…

In the event of an appeal by a contractor or the CPO from a decision of the Board pursuant to § 2-360.05, notwithstanding any contract provision, rule, or rule of law to the contrary, the decision of the Board on questions of fact shall be final and conclusive and shall not be se…

(a) This section shall apply to a protest of a solicitation or award of a contract addressed to the Board by any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract. (b)(1) A protest based upon alleged i…

(a) Except for emergency procurements, before entering into any contract in excess of $ 100,000, the District shall issue an environmental certification to demonstrate, to the maximum extent practicable, the purchase of an EPPS. (b) An environmental certification shall not be req…

(a) The contracting officer may pay a stipend to cover a portion of bid or proposal development costs to an unsuccessful responsible offeror that submits a responsive proposal to a solicitation to generate meaningful competition and to ensure that small businesses are not competi…

(a) The CPO may charge and collect a fee, in an amount to be determined by rule, on all sales, purchase orders, delivery orders, task orders, and purchase card transactions made under contracts awarded to contractors under the DCSS. (b) The CPO may charge a fee for training condu…

(a) The CPO shall establish and maintain on the Internet publicly-available information regarding District procurement. The information shall be made available in machine-readable and searchable format and shall include the following: (1) The legal authority and rules that govern…

(a) The CPO shall develop and implement a process by which each agency subject to the CPO’s procurement authority shall prepare and submit to the CPO an acquisition plan identifying the size and nature of the anticipated procurement workload for the following fiscal year. (b) Eac…

(a)(1) The CPO, pursuant to subchapter I of Chapter 5 of this title [§ 2-501 et seq.], shall issue rules to implement the provisions of this chapter, except subchapter VI of this chapter. (2) The Department of Real Estate Services, pursuant to subchapter I of Chapter 5 of this ti…

[Repealed or reserved.]

All rules, orders, obligations, determinations, grants, contracts, licenses, and agreements shall continue in effect according to their terms until lawfully amended, repealed, or modified.

Repealed Repealed.

For the purposes of this subchapter, and unless otherwise defined, the term: (1) “Claim” means: (A) Any request or demand, whether under a contract or otherwise, for money or property, and whether or not the District has title to the money or property, that: (i) Is presented to a…

(a) Any person who commits any of the following acts shall be liable to the District for 3 times the amount of damages which the District sustains because of the act of that person. A person who commits any of the following acts shall also be liable to the District for the costs …

(a) The Attorney General for the District of Columbia shall investigate, with such assistance from other District agencies as may be required, violations pursuant to § 2-381.02 involving District funds. If the Attorney General for the District of Columbia finds that a person has …

(a) Any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the …

(a) A civil action brought pursuant to § 2-381.03 may not be brought: (1) More than 6 years after the date on which the violation of § 2-381.02 is committed; or (2) More than 3 years after the date when facts material to the right of action are known or reasonably should have bee…

The provisions of this chapter are not exclusive, and the remedies provided for shall be in addition to any other remedies provided for in any other law or available pursuant to common law.