D.C. Mun. Regs. r. 27-4719

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

Rule 27-4719 - EMERGENCY PROCUREMENTS

4719.1

The Contracting Officer may award contracts through an emergency procurement:

(a) When there is an imminent threat to the public, health, welfare, property or safety; or

(b) To prevent or minimize serious disruption in agency operations.

4719.2

Emergency procurements shall be made with as much competition as practicable under the circumstances, based on the judgment and determination of the Contracting Officer

4719.3

A written determination by the Contracting Officer supporting an emergency procurement shall include the following findings:

(a) The circumstances giving rise to the emergency procurement presenting an imminent threat to the public, health, welfare, property, or safety; or

(b) The circumstances that created a need for goods, services, or construction, which if not immediately filled, will endanger the continuation of an essential function of the Department.

4719.4

The Contracting Officer shall not make a procurement under this section to meet a continuing need of the Department beyond what is necessary to meet the emergency condition. Contracts awarded using emergency procurement procedures shall not exceed ninety (90) days.

4719.5

Notice of all emergency procurements shall be posted on the Department's website no more than seven (7) days after the contract is awarded and shall contain:

(a) A finding that circumstances giving rise to the emergency procurement present an imminent threat to the public, health, welfare, property, or safety, and have created a need for goods, services, or construction which, if not immediately filled, will endanger the continuation of an essential function of the Department;

(b) A description of the items procured;

(c) The designated contractor; and

(d) A copy of the contract.

4719.6

The Contracting Officer may issue oral orders or notices to proceed to contractors to provide services or goods to the District; provided, that the directive shall be reduced to writing within three (3) business days after issuance and funding for the services or goods provided shall be certified by the appropriate fiscal official.

D.C. Mun. Regs. r. 27-4719

Notice of Emergency and Proposed Rulemaking published at 58 DC 8805 (October 14, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 59 DCR 985, 1004 (February 10, 2012)

Authority: The Interim Director of the Department of General Services (Department), pursuant to section 1106(a)(2) of the Procurement Practices Reform Act of 2010, effective April 8, 2011(D.C. Law 18-371; D.C. Official Code § 2-361.06(a)(2) )(2011 Repl.); sections 1025(a) and 1029 of the Department of General Services Establishment Act of 2011, effective September 14, 2011(D.C. Law 19-21; 58 DCR 6226); and Mayor's Order 2011-168, dated October 5, 2011.