D.C. Mun. Regs. tit. 7, r. 7-1609

Current through Register Vol. 71, No. 43, October 25, 2024

Rule 7-1609 - EMERGENCY PROCUREMENTS

1609.1

An emergency procurement may be awarded through non-competitive negotiations when the Executive Director determines, in writing, that there is an immediate and serious need for goods or services that cannot be met through normal procurement and the lack of such goods or services would seriously threaten:

(a) The function of the Board;

(b) The preservation or protection of Board property or Retirement Program assets; or

(c) The health or safety of any person.

1609.2

Where an emergency exists with respect to Board Property or Retirement Program assets, the Executive Director may take any actions necessary and appropriate to safeguard the assets for a temporary period until a permanent decision regarding the endangered property or assets can be made pursuant to these Rules.

1609.3

The Chief Contracting Officer or Contracting Officer shall provide, for the Executive Director's approval, a written determination supporting an emergency procurement which must include:

(a) A statement that emergency procurement procedures will be used for the procurement and a citation to the applicable provisions of these Rules that prove legal authority for the emergency procurement;

(b) A clear description of the goods or services to be procured;

(c) A description of the emergency that meets the requirements of §1609.1;

(d) A description of steps taken to solicit bids or proposals from as many potential competitors as possible under the emergency condition;

(e) A determination that the anticipated costs to the Board will be fair and reasonable in light of the emergency; and

(f) Any other pertinent information supporting the emergency justification.

1609.4

The Contracting Officer shall publish a notice of intent to award an emergency contract on the Board's website for at least one (1) business day prior to contract award. A notice of intent to award an emergency contract shall include:

(a) The proposed determination and findings supporting the emergency procurement;

(b) A clear description of the goods or services be procured;

(c) The intended emergency contractor.

1609.5

An emergency procurement shall not be justified on the basis of:

(a) Lack of adequate procurement planning;

(b) Administrative delays, lack of sufficient procurement personnel, or improper handling of procurement requests or competitive procedures; or

(c) Pending expiration of budget authority.

1609.6

Emergency procurements shall be limited to those goods or services necessary to meet the emergency and shall be made with as much competition as is practicable under the circumstances.

1609.7

For emergency procurements, the Chief Contracting Officer shall have the authority to issue oral orders or notices to proceed to contractors to provide goods or services to the Board, provided the directive is reduced to writing within three (3) business days after issuance and the funding for the goods or services provided is certified by the Board's Chief Financial Officer.

1609.8

A contract procured on an emergency basis shall not exceed one hundred twenty (120) calendar days and shall not be modified to expand the scope or extend the period of award unless a limited number of additional goods or services are needed to fill an ongoing emergency requirement until regular procurement action procedures can be completed.

1609.9

Emergency awards, regardless of dollar value, shall be published on the Board's website within three (3) business days of award and shall include:

(a) The determination and findings supporting the emergency procurement;

(b) The name of the vendor awarded contract; and

(c) The total value of the awarded contract, including any options.

1609.10

All information published under this section shall be removed from the Board's website upon the expiration or termination of the contract, or after five (5) years of award, whichever is longer.

D.C. Mun. Regs. tit. 7, r. 7-1609

Notice of Final Rulemaking published at 57 DCR 12594, 12600 (December 31, 2010); amended by Final Rulemaking published at 68 DCR 63 (1/7/2022)

Authority: The District of Columbia Retirement Board (the Board), pursuant to the authority set forth in section 121(i) of the District of Columbia Retirement Reform Act of 1979 ( Pub. L. 96-122, 93 Stat. 866 (Nov. 17, 1979) (codified at D.C. Official Code § 1-711(i) (2001)) (the Reform Act).