D.C. Mun. Regs. r. 21-5332

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 21-5332 - EXEMPTIONS

5332.1

The following procurements may be made without competition and are not subject to the competitive requirements set forth in § 5331.

5332.2

Micro-purchases: Procurements at or under the threshold for micro-purchases established in the DC WASA Procurement Manual may be made without competition.

5332.3

Sole Goods and services, including construction, that are available from only one vendor or contractor (sole source) may be purchased without competition. Circumstances where sole source purchasing is permitted include, but are not limited to:

(a) Specific replacement parts or components for equipment;

(b) Equipment upgrade and repair, repair services, or parts unavailable from any other source except the original equipment manufacturer or its designated service representative;

(c) Upgrade to existing software, available only from the producer of the software who sells only on a direct basis;

(d) When there is a need to standardize equipment, or to facilitate the interoperability of equipment or systems;

(e) When there is substantial duplication of costs to the Authority that is not expected to be recovered through competition;

(f) Utility services, when from only one source; or

(g) Intellectual property rights that are owned or controlled by one source and made available through that source. These rights would include patents, copyrights, licenses, secret processes, material monopolies or other established rights that affect distribution of goods and services.

5332.4

Categorical Exemptions: The following categories of purchases are exempt from the competitive procurement methods and may be purchased without competition:

(a) Purchase, rent or lease of land or other interest in real property;

(b) Memberships, films, manuscripts, publications, educational services;

(c) Personal property sold at an auction by a licensed auctioneer;

(d) Personal property or services provided by another public entity, agency or Authority;

(e) Legal services;

(f) Research programs;

(g) Advertisements in newspapers or other publications;

(h) Intergovernmental agreements and cooperative agreements with other institutions where the primary purpose is not the purchase of goods, services or construction;

(i) Travel services; and

(j) The following services provided by the Metropolitan Washington Council of Governments:

(1) Services and equipment related to pollution control measures and water quality management required by the Blue Plains Intermunicipal Agreement;

(2) Studies, including modeling and water sampling for the purpose of validating assumptions on the effect of pollutants discharged into the Potomac River and its tributaries by wastewater treatment facilities; and

(3) Specialized security equipment for detection of chemical, biological and radiological contaminants in the waterways.

5332.5

Emergency Procurements: Emergency Procurements may be made without competition. An emergency is a situation which creates an immediate need for goods or services, including construction, that cannot be met through normal procurement methods because the lack of these goods or services or construction would seriously threaten any of the following:

(a) The health or safety of any person;

(b) The preservation or protection of property;

(c) The continuation of necessary governmental functions; or

(d) The Authority's compliance with legal requirements.

5332.6

The General Manager, or designee may approve a non-competitive procurement on an emergency basis which does not otherwise comply with the requirements of the Regulations if the procurement is essential for:

(a) Preventing or avoiding an imminent emergency; or

(b) Responding to, mitigating or resolving an existing emergency condition.

5332.7

In case of an emergency procurement under this Section, a contractor may be given a verbal authorization by the Contracting Officer to proceed, provided that a written contract or modification is executed as soon thereafter as is reasonably practicable.

D.C. Mun. Regs. r. 21-5332

Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999); as amended by Final Rulemaking published at 56 DCR 4484 (June 12, 2009); as amended by Final Rulemaking published at 56 DCR 7545 (September 18, 2009)

Authority: Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996, effective April 18, 1996, as amended (D.C. Law 11-111, §§ 203(3), (5), and (6) and 205(a)(3) and (7); D.C. Code §§ 34-2202.03(3), (5), and (6) and 34-2202.05(a)(3) and (7) ), and Board Resolution # 09-95