D.C. Mun. Regs. tit. 27, r. 50-5001

Current through Register 71, No. 45, November 7, 2024

Rule 50-5001 - GENERAL

5001.1

This chapter sets forth the procurement rules of the Office of the Attorney General (OAG), pursuant to authority granted by Section 108b of the Attorney General for the District of Columbia Clarification and Elected Term Amendment Act of 2010, effective October 15, 2015 (D.C. Law 21-36; D.C. Code § 1-301.88 b) (2016 Repl. & 2017 Supp.) ("Act"). The following principles and procedures apply:

(a) OAG is an independent agency of the District of Columbia government. Its general mission is to enforce the laws of the District in a manner that is in the public's interest, to provide the District government with the highest level of legal advice and service, and to defend and protect the District's interests in court.

(b) OAG is subject to the requirements of the District of Columbia Procurement Practices Reform Act of 2010 effective April 8, 2011, ("PPRA") (D.C. Law 18- 371; D.C. Code §§ 2-351.01, et seq.) (2016 Repl.), as amended, and, as an independent agency, has the authority to issue and implement its own procurement rules.

(c) These regulations (also referred to as "rules") supersede and replace any existing procurement regulations unless expressly referenced or incorporated in these rules. Where a procurement practice is not specifically addressed in this chapter, the CCO or CCO Delegate may, at his or her discretion, refer to other chapters of 27 DCMR for guidance. The CCO or CCO Delegate may adopt a provision from the other chapters of 27 DCMR for a particular procurement; provided that the provision is specifically referenced in the applicable procurement documentation.

(d) The Attorney General has broad discretion to develop and use any procurement practice so long as it is consistent with the PPRA and is not specifically prohibited by any statute or this chapter; provided that the CCO or CCO Delegate shall issue a determination in writing that such practice is in the best interest of OAG.

5001.2

Where any statute or regulation is referred to in this chapter, the reference shall be to the most recent version, and any amendments or revisions to the statute or regulation.

5001.3

The Attorney General is authorized to enter into contracts to assist OAG to carry out its mission, and the Attorney General may delegate that authority in accordance with the Act and these rules.

5001.4

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

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

(b) Produce reasonable value and results for OAG.

5001.5

These rules are intended to encourage participation by Certified Business Enterprises (CBEs), in accordance with the Small and Certified Business Enterprise Development and Assistance Act of 2005, ("SCBEDA Act") effective October 20, 2005 (D.C. Law 16-133; D.C. Code § 2-218), as applicable. OAG's goals include expanding the use of CBEs.

5001.6

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

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

(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.

5001.7

Pursuant to the authority described in section 2 of the Fiscal Year 2021 Local Budget Act of 2020, effective October 20, 2020 (67 DCR 10629) and incorporated in the District of Columbia Appropriations Act, 2021, approved December 22, 2020 ( Pub. L. 116-260), and any substantially similar temporary or permanent authority, the Attorney General may enter into Contingency Fee Contracts, as defined in Section 5099.

D.C. Mun. Regs. tit. 27, r. 50-5001

Final Rulemaking published at 65 DCR 4406 (4/20/2018); amended by Final Rulemaking published at 68 DCR 11740 (11/5/2021)