D.C. Mun. Regs. r. 27-822

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

Rule 27-822 - AGENCY EXPENDABLE BUDGETS; SMALL BUSINESS ENTERPRISE EXPENDITURE

822.1

No later than one hundred twenty (120) days (June 1^st) prior to the beginning of each fiscal year, the Department shall meet and confer with the Office of the Chief Financial Officer ("OCFO"), the Office of Contracting and Procurement ("OCP"), the Office of the City Administrator ("OCA"), and independent agencies regarding the total appropriated budget, comptroller object codes to be excluded from agencies' expendable budgets, and anticipated requests for special exceptions.

822.2

No later than eighty-five (85) days prior to the beginning of each fiscal year, the Department shall review the appropriated budget data received from OCFO and update the list of the comptroller object codes that shall be excluded from the agency's expendable budget.

822.3

No later than eighty (80) days prior to the beginning of each fiscal year, each agency shall itemize its total appropriated budget as prescribed by the Department.

822.4

(a) No later than sixty (60) days (August 1^st) prior to the beginning of each fiscal year, each agency may request special exceptions not included in the list provided by the Department for exclusion from the amount of the expendable budget for the agency.

(b) Any requests for special exceptions shall be submitted in a manner prescribed by the Department and must include supporting documentation.

822.5

The Department shall approve a special exception requested under Subsection 822.4 if:

(a) No small business enterprises ("SBEs") or certified business enterprises ("CBEs") can provide the required goods or services;

(b) The expenditure cannot be made to an SBE or CBE because the goods or services are proprietary;

(c) The line item is not for goods or services;

(d) There are federal or other restrictions on how the funds may be expended; or

(e) The goods or services must be provided by an organization not certified by the Department.

822.6

Prior to the beginning of each fiscal year, the Department will make a determination on each request for special exception timely submitted by an agency.

822.7

Only budget items listed in Section 822.1, and either excluded under 822.2 or approved for exclusion under 822.6, shall be excluded from the agency's expendable budget.

822.8

If an agency receives unanticipated funding or funding transferred from another agency, experiences a reduction in funding, or experiences any other change in circumstances that affects its expendable budget, such changes shall be included in the proceeding quarterly updated appropriated budget data provided by OCFO to the Department. Quarterly, each agency shall make any additional special exception requests based on changes to the agency's expendable budget. The Department will process additional special exceptions requested by an agency.

822.9

The Department shall inform each agency of the agency's projected expendable budget and its projected goals under Section 2341 of the Act (D.C. Official Code § 2-218.41); and, make available to Council information on each agency's total appropriated budget, exclusions from the agency's total appropriated budget by comptroller object code, list of exclusions in Sections 822.1 and 822.2, approved special exceptions, each agency's expendable budget, and the projected goal for each agency under Section 2341 of the Act.

822.10

Pursuant to Section 2341(a-3)(2) of the Act (D.C. Official Code § 2-218.41 (a- 3) (2)), each agency shall complete the annual allocation process at least one (1) month prior to the beginning of each fiscal year by submitting in the District Enterprise System (DES) an allocation confirmation that details the following:

(a) The name of the agency;

(b) The fiscal year;

(c) The budget of the agency approved by the Council for the fiscal year;

(d) The expendable budget of the agency for the fiscal year, as approved by the Department; and

(e) The agency's projected small business enterprise ("SBE") expenditure goal for the fiscal year.

D.C. Mun. Regs. r. 27-822

Final Rulemaking published at 39 DCR 9052 (December 4, 1992); as amended by Final Rulemaking published at 56 DCR 8439 (October 23, 2009), incorporating by reference text of Proposed Rulemaking published at 56 DCR 5622, 5639 (July 10, 2009); amended by Final Rulemaking published at 70 DCR 10970 (8/11/2023)

Authority: Section 2372 of the Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005 (Act), effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.72 )(2009 Supp.) and Mayor's Order 2009-58, dated April 15, 2009.