D.C. Mun. Regs. r. 27-602

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

Rule 27-602 - SHELTERED MARKET PROGRAM: GOALS AND ESTABLISHMENT

602.1

Each agency of the District government shall be required to establish an annual program for minority procurement in accordance with the provisions of the Act and chapters 6 and 7 of this title.

602.2

Agency programs established pursuant to this section shall be submitted to the Commission annually for review and approval. The Commission shall provide forms for submission of annual sheltered market procurement programs.

602.3

In establishing its annual program, each agency shall allocate its contracting and procurement to meet the following goals:

(a) Placement of thirty-five per cent (35%) of the total dollar amount of construction contracts in the sheltered market; and

(b) Placement of thirty-five per cent (35%) of procurement of goods and services in the sheltered market.

602.4

Annual programs shall be established on a fiscal year basis. Agencies shall submit proposed programs to the Commission at least sixty (60) days before the beginning of the fiscal year. Modifications to the program based on the actual fiscal year budget apportionment shall be submitted to the Commission within thirty (30) days of the receipt of the final apportionment by the agency.

602.5

Agency sheltered market programs may include any of the following types of placements:

(a) Direct placement of contracts with certified MBE's;

(b) Direct placement of contracts with joint ventures certified under § 701; or

(c) Indirect placement of contracts by requiring a portion of the subcontracts let under an open market contract to be let to certified MBE subcontractors in accordance with the requirements of § 604.

602.6

Agency programs shall clearly indicate the manner in which the agency plans to reach the goals set forth in this section.

602.7

Agency programs shall specifically indicate the following:

(a) The total dollar amount of construction contracts to be let by the agency during the fiscal year;

(b) The total dollar amount of goods and services to be procured by the agency during the fiscal year;

(c) The construction contracts and subcontracts which shall be placed in the sheltered market;

(d) Contracts and subcontracts for goods and services which shall be placed in the sheltered market;

(e) The dollar amounts represented by each construction contract (and subcontract) and procurement contract (and subcontract) listed pursuant to paragraphs (c) and (d) of this subsection;

(f) The percentages of total dollar amounts for both construction and procurement of goods and services represented by the portion of each which shall be placed in the sheltered market program; and

(g) Dollar amounts and percentages for joint venture contracts shall be adjusted to reflect the proportion of participation by the MBE(s) in each joint venture. Only those portions of contracts which are actually attributable to the minority participant(s) shall be counted toward an agency's program goals.

602.8

In any instance where the percentages of dollar amounts set forth in an agency's fiscal year sheltered market program are less than the goals set forth in this section for either category, the agency shall include a written justification of the difference.

D.C. Mun. Regs. r. 27-602

Final Rulemaking published at 26 DCR 2771, 2773 (December 21, 1979); as amended by Final Rulemaking published at 30 DCR 5734 (November 4, 1983)