Chief Procurement Officer Qualification Amendment Act of 1997
Bill 12-366

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DC Bill 12-366

D. C. ACT 12-249

AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

JANUARY 8, 1998

To amend the District of Columbia Procurement Practices Act of 1985 to clarify the procurement experience required of the Chief Procurement Of 12-366 require that the Chief Procurement Officer be provided with a list of personnel whose procurement functions fall under the authority of the Chief Procurement Officer, to require the transfer to the Office of Contracting and Procurement of all employees under its authority along with the assets and budget authority associated with those functions, and to clarify that the provisions of the act do not apply to the operations of the Health and Hospitals Public Benefit Corporation.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Chief Procurement Officer Qualification Amendment Act of 1997".

Sec. 2. The District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Code §1-1181.1 et seq.), is amended as follows:

(a) Section 105e(d) (D.C. Code §1-1181.5e(d)) is amended to read as follows:

"(d) The Chief Procurement Officer shall have not less than 7 years of senior-level experience in procurement and shall have demonstrated, through his or her knowledge and experience, the ability to administer a public procurement system of the size and complexity of the program established by this act.".

(b) Section 207 (D.C. Code §1-1182.7) is amended as follows:

(1) Subsection (a) is amended to read as follows:

"(a) Within 15 days of the effective date of the Chief Procurement Officer Qualification Amendment Act of 1997, all agencies, boards, commissions, and entities whose procurement functions fall under the authority of the CPO shall provide the CPO with a list of personnel who spend a majority of their time on procurement duties. The Director of Personnel shall review the lists to ensure that they include all the employees who primary responsibility is to perform procurement duties.

(2) Subsection (b) is amended to read as follows:

"(b) Within 30 days of the effective date of the Chief Procurement Officer Qualification Amendment Act of 1997, employees listed as performing procurement duties in subsection (a) of this section shall be transferred to the OCP along with the assets and budget authority associated with those functions.".

(c) Section 320 (D.C. Code §1-1183.20) is amended by adding a new subsection (j) to read as follows:

"(j) Nothing in this act shall affect the operations of the District of Columbia Health and Hospitals Public Benefit Corporation pursuant to the Heath and Hospitals Public Benefit Corporation Act of 1996, effective April 19, 1997 (D.C. Law 11-212; D.C. Code §32-261.1 et seq).".

Sec. 3. Fiscal impact statement.

The fiscal impact of Bill 12-366 will be positive. The legislation supports the centralization of procurement functions under the Chief Procurement Officer, as recommended by the Procurement Task Force of the Committee on Government Operations, and by Pegasus/Langford, the consultants hired by the District of Columbia Financial Responsibility and Management Assistance Authority to advise the District on procurement policy and practices. Both the Procurement Task Force and Pegasus/Langford concluded that centralization saves money, improves the quality of procurement, and promotes accountability. In particular, centralization can yield significant cost reductions through bulk purchases of goods and services used by multiple agencies. Pegasus/Langford estimated that common purchases of goods and services, which is only one of the benefits of centralization, could save the District $5.2 million annually. This projection is based on a conservative estimate of a 2 percent cost reduction in the District's annual spending of $260 million for goods and services needed by multiple agencies.

Sec. 4. This act shall take effect following approval by the Mayor (or in the event of 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 Authority Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code §47-392.3(a), a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(1), and publication in the District of Columbia Register.