D.C. Mun. Regs. r. 27-4600

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

Rule 27-4600 - GENERAL

4600.1

This chapter sets forth the procurement rules of the Not-for-Profit Hospital Corporation (Hospital), pursuant to authority granted by sections 105(a), 106(6), and 111 of the Not-for-Profit Hospital Corporation Establishment Emergency Amendment Act of 2010, effective July 7, 2010 (Act)(D.C. Act 18-476; 57 DCR 6937 (August 6, 2010), and any subsequent substantially identical emergency, temporary, or permanent legislation. The Hospital is an instrumentality of the District of Columbia government. Its general mission is to provide community-centered health care east of the Anacostia River. In accordance with the Act, the Hospital is exempt from the requirements of the District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Official Code §§ 2-301.01, et seq.(2006 Repl.; Supp. 2008), except for provisions regarding review and approval by the Council of multiyear contracts and review and approval by the Council of contracts in excess of one million dollars ($1 million) during a twelve (12)-month period pursuant to District of Columbia Home Rule Act, approved December 24, 1973, 87 Stat. 790, Pub. L. 93-198, D. C. Official Code § 1-204.51 (2006 Repl.) and pursuant to section 105 a of the District of Columbia Procurement Practices Act of 1985, effective March 8, 1991, (D.C. Law 8-257; D.C. Official Code § 2-301.05 a(2006 Repl.; Supp. 2008) and the Hospital has the authority to issue and implement its own procurement rules.

4600.2

The Board of Directors (Board), as the governing body of the Hospital, is authorized to enter into contracts to assist the Hospital in carrying out its mission acting by and through the Board. The Board may delegate that authority in accordance with the Act and these rules.

4600.3

These procurement rules are for the benefit of the Hospital, and are not intended to confer any rights or benefits on third parties. The principal purposes of these rules are to ensure that the Hospital's procurement activities:

(a) Are carried out in a fair, efficient and objective manner that promotes confidence in the Hospital's integrity; and

(b) Produce reasonable value and results for the Hospital.

4600.4

These rules are intended to encourage participation by Certified Business Enterprises (CBEs), in accordance with the Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-133; D.C. Official Code § 2-218.01 (2006 Repl.). The Hospital's goals include expanding the use of CBEs.

4600.5

The Board may waive the applicability of any provisions in these rules that are not specifically required by statute if the Board finds in writing that:

(a) Such waiver is in the best interest of the Hospital;

(b) Such waiver is not inconsistent with fair, competitive, and transparent procurement practices; and

(c) Such waiver would not alter the terms of a contract.

D.C. Mun. Regs. r. 27-4600

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8507 (October 8, 2010)[EXPIRED]; as amended by Notice of Emergency and Proposed Rulemaking published at 58 DCR 3086 (April 18, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 4565, 4566 (May 27, 2011)

Authority: The Board of Directors of the Not-for-Profit Hospital Corporation (Board), pursuant to authority granted by sections 105(a), 106(6), and 111 of the Not-for-Profit Hospital Corporation Establishment Emergency Amendment Act of 2010 (Act), effective July 7, 2010 (D.C. Act 18-476; 57 DCR 6937 (August 6, 2010), and applicable sections of any subsequent substantially identical emergency, temporary, or permanent legislation.