District of Columbia Retirement Board. In accordance with the "District of Columbia Retirement Reform Act," as amended, Public Law 96-122 (codified at D.C. Official Code § 1-711 et seq. (2001)), the District of Columbia Retirement Board ("Board") was established as an independent agency of the Government of the District of Columbia. The Board and its Trustees are responsible for administering retirement and post-employment benefit programs (the "Retirement Program"), as well as managing and investing the assets, of the District of Columbia Police Officers and Fire Fighters' Retirement Plan & Fund and the District of Columbia Teachers' Retirement Plan & Fund. The Reform Act provides the Board with authority to promulgate rules and regulations, adopt resolutions, issue directives for the administration and transaction of its business, and perform other functions necessary to carry out its responsibilities. These Rules are for the benefit of the Board and are not intended to confer any rights or benefits to third-parties.
The Board adopts these Rules with the principal purpose of carrying out its procurement activities in a manner which:
These Rules supersede and replace any existing procurement rules unless expressly referenced or incorporated herein.
District Procurement Law. The Board's statutory contracting authority is unencumbered by the District's procurement provisions in Chapter 3 of title 2 of the D.C. Official Code (D.C. Official Code § 2-303.20(h) (2001)).
Appropriations. The Mayor and the Council may not specify the purposes for which funds appropriated for the administrative expenses of the Board may be expended or the amounts which may be expended for the various activities of the Board. Pub. L. 96-122 § 121(f)(3) (codified at D.C. Official Code § 1-711(f)(3) (2001)).
Administration. Pursuant to Title 7, Chapter 15, Section 1503.1 of the District of Columbia Municipal Regulations, the Executive Director, appointed by the District of Columbia Retirement Board of Trustees ("Board of Trustees"), serves as the Board's Chief Contracting Officer, and shall develop and administer operating policies, procedures, and guidelines implementing these Rules.
The procurement activities of the Board shall be conducted in a manner above reproach and, except as authorized by law, with complete impartiality and with preferential treatment for none. In all procurement activities, the Board shall take into account the unique considerations of the Retirement Program and shall consider the competence, experience, quality of product, and timeliness of performance of the Board's actual and potential contractors in order to promote security, fairness, and integrity.
Applicability. These Rules apply to the Board's procurement of goods and services, except for contracts with the governments of the District of Columbia and the United States. By majority vote or written unanimous consent of the Board of Trustees, the applicability of any provision of these Rules not specifically required by law may be waived if the Board of Trustees finds that waiver:
Rules of Construction. The titles to sections and subparts of sections contained in these Rules are for convenience and reference only. Unless otherwise stated, a listing of factors, criteria, or subjects in these Rules does not constitute an order of precedence. Where any statute or regulation is referred to in these Rules, the reference shall be to the most recent version, and any amendments or revisions thereto.
Severability. If any provision of these Rules is deemed by a court of competent jurisdiction to be invalid, void, or unenforceable for any reason, such a determination shall not affect the validity of any other provision of these Rules.
D.C. Mun. Regs. tit. 7, r. 7-1600