D.C. Mun. Regs. r. 50-5040
If, after concluding there are no qualified SBEs or CBEs on the DCSS, the Contracting Officer shall seek to award contracts of $250,000 or less to a qualified SBE in accordance with this Section.
If the Contracting Officer determines in writing that there are not at least two (2) qualified SBEs that can provide the goods or services, the Contracting Officer may use a qualified CBE that can provide the goods or services. If there are no qualified SBEs or CBEs, the CO can award to a non-CBE. Similarly, if no SBE or CBE responds to a solicitation, the CO can use other contracting methods. The CO shall document in the contract file, the reason for not setting aside a procurement of $250,000 or less to a qualified SBE.
If the Contracting Officer determines in writing that the price offered by the SBE or CBE is believed to be 12% or more above the likely price in the open market, the Contracting Officer may decline to award a contract under this section and issue the solicitation in the open market or use another procurement method.
A copy of each determination made under this section shall be submitted promptly to the Director of the DSLBD.
D.C. Mun. Regs. r. 50-5040