| Chairperson Pro Tempore Charlene Drew Jarvis A BILL IN THE
COUNCIL OF THE DISTRICT OF COLUMBIA
To amend the District of Columbia Procurement Practices Act of 1985 to establish
criteria for Council review and approval of proposed multiyear contracts and contracts for
expenditures in excess of $1 million during a 1 2-month period.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as
the "Establishment of Criteria for Council Review of Contracts Act of 1997".
Sec. 2. Section 105a of the District of Columbia Procurement Practices
Act of 1985, effective March 8, 1991 (D.C. Law 8-257; D.C. Code §1-1181.5a), is amended
to read as follows:
"Sec. l05a. Criteria for Council review of multiyear contracts and contracts in
excess of $1 million.
"(a) Pursuant to section 304(a)(3) of the District of Columbia Financial
Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat.
151; D.C. Code §1-1130) ("FRMAA"), which amended section 451 of the District of
Columbia Self-Government and Governmental Reorganization Act, approved December 24, 1973
(87 Stat. 803; D.C. Code §1-1130) ("District Charter"), prior to the award of a
multiyear contract or a contract in excess of $1,000,000 during a 12-month period, the
Mayor (or executive independent agency) shall submit the proposed contract to the Council
for review and approval in accordance with the criteria established in this section.
"(b)(l) A proposed multiyear contract shall be deemed disapproved by the Council
unless, during the 45-calendar-day review period beginning one day following the date on
which the Mayor (or executive independent agency) submits the contract to the Council, the
Council adopts a resolution to approve the proposed multiyear contract.
"(2) A proposed contract in excess of $1,000,000 during a 12-month period shall be
deemed approved by the Council if one of the following occurs:
"(A) During the 10-calendar-day period beginning one day following the date on
which the Mayor (or executive independent agency) submits the contract to the Council, no
member of the Council introduces a resolution to approve or disapprove the proposed
contract; or
"(B) If a resolution has been introduced in accordance with subparagraph (A) of
this paragraph, the Council does not disapprove the contract during the 45-calendar-day
period beginning one day following the date on which the Mayor (or executive independent
agency) submits the proposed contract to the Council.
"(c) Proposed contracts submitted pursuant to this section shall contain the
following:
"(1) If the proposed contract is a proposal to extend an existing contract or to
enter into a new contract with a proposed contractor who has contracted with the District
for the same product or services under a prior contract, a statement that includes the
following:
"(A) Whether the proposed contractor is willing to continue to provide the product
or services at the price and terms of the existing or prior contract; and
"(B) Whether the price agreed to exceeds the price of the existing or prior
contract for the same terms, and if the price exceeds the price of the existing or prior
contract, a rationale for the difference in price;
"(2) If the proposed contract is a proposal to modify an existing contract for a
product or service, a statement that provides a rationale for the modification of the
existing contract and a summary of the changes;
"(3) A statement indicating whether the amount of the proposed contract is within
the appropriated authority for the agency for the fiscal year as set forth in the District
of Columbia Appropriations Act;
"(4) If the proposed contract is for any fiscal year in which the District has
adopted a financial plan and budget in accordance with sections 201 and 202 of FRMAA (109
Stat. 108; §§47-392.1 and 47-392.2), a certification that the proposed contract is
consistent with the applicable approved financial plan and budget;
"(5) A certification that the proposed contractor is current with its District and
federal taxes or has worked out and is current with a payment schedule approved by
the applicable governmental entities (including withholding taxes, income taxes, and
property taxes, and regulatory fees or fines) and includes a statement concerning the
proposed contractor's indebtedness to the District involving loans or taxes;
"(6) A copy of the request for proposal, if any, to which the proposed contractor
responded;
"(7) A statement indicating whether the proposed contractor is currently debarred
from providing services to any governmental entity (federal, state, or municipal), the
dates of the debarment, and the reasons for debarment;
"(8) A statement as to whether the proposed contractor is a certified local,
small, or disadvantaged business enterprise as defined in section 3 of the Equal
Opportunity for Local, Small, and Disadvantaged Business Enterprises Act of 1992,
effective March 17, 1993 (D.C. Law 9-217; D.C. Code §1-1152.1);
"(9) A statement as to whether the proposed contractor is located within an
economic development zone as described in the Economic Development Zone Incentives
Amendment Act of 1988, effective October 29, 1988 (D.C. Law 7-177; D.C. Code §5-1401 et
16 seq.);
"(10) A statement whether the proposed contract is in accordance with procurement
laws and regulations applicable to the procuring agency, including whether the proper type
of procurement was selected, whether policies and procedures governing source selection
and cost or price determination have been followed, whether the proposed procurement
fulfills an agency mission, and whether the proposed procurement represents the best
practice currently available to the District for fulfillment of the particular mission;
"(11) A statement indicating whether the proposed contractor has any currently
pending legal claim against the District government; and
"(12) All information related to the proposed contract which has been or is
required to be submitted to the District of Columbia Financial Responsibility and
Management Assistance Authority.
" (d) After the effective date of the Establishment of Criteria for Council Review
of Contracts Amendment Act of 1997, no proposed multiyear contract or lease and no
proposed contract or lease worth over $1,000,000 for a 12-month period may be awarded
until after the Council has reviewed and approved the proposed contract or lease as
provided in this section.
"(e) After the effective date of the Establishment of Criteria for Council Review
of Contracts Amendment Act of 1997, any employee or agency head who shall knowingly or
willfully enter into a proposed multiyear contract or a proposed contract or lease in
excess of $ 1,000,000 without prior Council review and approval in accordance with this
section shall be subject to suspension, dismissal, or other disciplinary action under the
procedures set forth in section 1601(d)(1) and (18) of the District of Columbia Government
Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C.
Code §1-617.1(d)(1) and (18)). This subsection shall apply to subordinate agency heads
appointed according to section 1001 of the District of Columbia Government Comprehensive
Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Code
§1-611.1), and to independent agency heads.
"(f)(l) No contractor who knowingly or willfully performs on a contract with the
District by providing a product or service worth in excess of $1,000,000 for a 12-month
period based on a contract made after the effective date of the Establishment of Criteria
for Council Review of Contracts Amendment Act of 1997 without prior Council approval can
be paid more than $ 1,000,000 for the products or services provided.
"(2) No contractor who knowingly or willfully performs on a multiyear contract
based on a multiyear contract with the District after the effective date of the
Establishment of Criteria for Council Review of Contracts Amendment Act of 1997 without
prior Council approval of the multiyear contract can be paid in more than one calendar
year for the products or services provided.
"(g) Subsection (c) of this section shall not apply to contracts to implement a
federal program where the federal government requires the use of federal contracting
procedures as a condition for the receipt of federal assistance.
"(h) Review and approval by the Council of the annual capital program of federal
highway aid projects shall constitute the District Charter-required Council review and
approval of individual federal- aid highway contracts that make up the annual
program.".
Sec. 3. Enactment of the Establishment of Criteria for Council Review
of Contracts Amendment Act of 1997 will have no adverse fiscal impact upon the District
government.
Sec. 4. This act shall take effect following approval by the Mayoral
(or in the event of a veto by the Mayor, action by the Council to override the veto),
approval by the Financial Responsibility and Management Assistance Authority as provided
in section 203(a) of the District of Columbia Financial Responsibility and Management
Assistance Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code §47-392.3(a)),
and a 30-day period of Congressional review as provided in section 602(c)(1) of the
District of Columbia Self-Government and Governmental Reorganization Act, approved
December 24, 1973 (87 Stat. 813; D.C. Code §1- 233(c)(1)), and publication in the
District of Columbia Register. |
