D.C. Mun. Regs. tit. 19, r. 19-301

Current through Register Vol. 71, No. 37, September 13, 2024

Rule 19-301 - GENERAL REQUIREMENTS: METHODS OF PROCUREMENT

301.1

Unless the CCO elects to make a procurement pursuant to a contract of the U.S. General Services Administration or of the Chief Procurement Officer of the District of Columbia government, or unless otherwise exempt pursuant to Subsection 301.8 of these regulations, the CCO shall procure any goods, services or construction by one of the methods set forth in these regulations, namely:

(a) Invitation for bids;

(b) Request for proposals;

(c) Small purchase;

(d) Emergency procurement; or

(e) Sole source procurement.

301.2

An invitation for bids or request for proposals shall be the preferred method of procuring all goods, services and construction, unless otherwise provided in these regulations.

301.3

Where these regulations permit use of a small purchase or emergency procurement, the CCO shall make the procurement by issuing a purchase order (except when section 306 of these rules permit the use of blanket purchase agreement for small purchases).

301.4

The CCO shall prescribe the form of all purchase orders and blanket purchase agreements, which shall be issued on a fixed or not-to-exceed price basis and shall specify: the quantity of goods, services or construction ordered; any trade or prompt payment discounts offered; and the delivery date(s).

301.5

The CCO shall require offerors to submit and certify cost or pricing data in all procurements, contract modifications, and subcontracts of a value of $ 100,000 or more, unless the CCO makes a written determination that such data are unnecessary in accordance with the principles governing procurements by the Federal government set forth in relevant sections of Title 48 Code of Federal Regulations.

301.6

The CCO shall conduct cost or price analyses of all procurements, by whatever method made, in accordance with the principles governing procurements by the Federal government set forth in relevant sections of Title 48 Code of Federal Regulations.

301.7

The CCO shall publish in a newspaper of general circulation notice of all procurement awards of a value of more than $100,000, regardless of the means by which the procurement is made.

301.8

Procurements for the following goods and services shall be exempt from the competition requirements established by this chapter:

(a) Artistic services or works of art;

(b) Commodities or contractual services if federal or District law prescribes with whom the Authority must contract;

(c) Legal services or negotiation services in connection with proceedings before administrative agencies or state or federal courts, including experts, attorneys, and mediators;

(d) Copyrighted or patented materials, including technical pamphlets, published books, maps, and testing or instructional materials; provided, that the materials are purchased directly from the owner of the copyright or patent;

(e) Memberships in trade or professional organizations;

(f) Entertainers, including speakers;

(g) Job-related seminars and training for Authority employees, when such seminars or training is offered to the general public;

(h) Maintenance and support of existing software and technology to the extent that the creator of the intellectual property is still protected and is the only source of the maintenance and support of the existing software and technology;

(i) Public transit farecards, passes and tokens;

(j) Personal property or services provided by another public entity, agency, or authority, or an organization consisting of such entities, agencies or authorities;

(k) Postage;

(l) Purchases of advertising in all media, including electronic, print, radio, and television; provided, that such purchases are made directly from the media outlet;

(m) Trade and career fairs for Authority employees;

(n) Special event venues and related services as dictated by the establishment;

(o) Subscriptions for periodicals and newspapers; and

(p) Ticket purchases for special events, tourist attractions, and amusement parks.

D.C. Mun. Regs. tit. 19, r. 19-301

Final Rulemaking published at 44 DCR 4907, 4908-09 (August 22, 1997); as amended by Final Rulemaking published at 46 DCR 2657 (March 12, 1999); and as amended by Final Rulemaking at 49 DCR 10814 (November 29, 2002); amended by Final Rulemaking published at 64 DCR 3483 (4/14/2017)

Notice of Final Rulemaking published at 58 DCR 9261 renamed chapter 3, "Washington Convention and Sports Authority: Procurement." Chapter 3 was formerly entitled, "Washington Convention Center: Procurement."

Authority: The Board of Directors of the Washington Convention Center Authority, pursuant to section 203 of the Washington Convention Center Authority Act of 1994, D.C. Law 10-188, D.C. Code § 10-1201.03.