D.C. Mun. Regs. tit. 7, r. 7-1614

Current through Register Vol. 71, No. 36, September 6, 2024

Rule 7-1614 - COMPETITION EXEMPTIONS

1614.1

The expenditures provided for in this section are exempt from competition under these Rules. However, the Chief Contracting Officer shall in these cases endeavor to use, or use reasonably adapted, procedures from the IFB or RFP procurement processes as well as other procurement processes available under these Rules in a manner that promotes efficiency while ensuring that the Board receives the greatest value for its payments.

(a) Legal services or negotiation services in connection with proceedings before administrative agencies or state or federal courts, including experts, attorneys, and mediators, and services in connection with present or anticipated proceedings, or services procured to provide advice or to prevent litigation.

(b) Investment or investment-related services, including but not limited to investment consulting and research and analytics services. The selection and retention of the Fund's investment managers are exempted, in their entirety, from these Rules because their selection is governed by separate Board rules, investment policies, and internal procedures.

(c) Actuarial services, custody banking, fee and expense validation services, enterprise risk management and operational due diligence services, and insurance.

(d) Job-related seminars, speakers, and training offered to the general public for Board trustees and Board employees intended to enhance the Board trustee or employees' knowledge, skill, and ability to perform the duties of their position.

(e) Goods or services provided by District Government agencies or instrumentalities, or by other state or local governments, or by the Federal government as authorized by the Board or required by the Federal government, or through an agreement with another state or local government.

(f) Postage and other shipping and mailing services required to conduct Board business.

(g) Acquisition or leasing of real property, including goods or services provided as part of, or related to, a lease of real property, including security and surveillance systems, products, or services.

(h) Employment and compensation arrangements or other employee benefit-related services for Board employees.

(i) Maintenance agreements for products previously contracted where there is a single source of service for a fixed amount or when the compatibility of equipment, accessories, replacement parts, or the current business process/continuation of flow is a substantial consideration in the procurement and only a limited number of sources meet the Board's reasonable requirements.

(j) Goods or services needed to conduct Board business which can be obtained at a substantial savings pursuant to a unique and time-sensitive opportunity or at prices equal to or less than prices stipulated in current District or Federal supply schedules.

(k) Goods or services which require long-term support or maintenance and have a high initial purchase price, high implementation or integration costs, or high conversion costs relative to the amount of savings that might be realized from making a change in the service provider.

D.C. Mun. Regs. tit. 7, r. 7-1614

Final Rulemaking published at 68 DCR 63 (1/7/2022)