Chief Technology Officer Year 2000 Remediation Procurement Authority Temporary Amendment Act of 1999
Bill 13-130

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To amend, on a temporary basis, the District of Columbia Procurement Practices Act of 1985 to any Year 2000 remediation procurements awarded by the Office of the Chief Technology Officer; to amend the Fiscal Year 1999 Budget Support Act of 1998 to clarify that the Office of Chief Technology Officer has the authority to oversee the information technology and telecommunications policies, standards, and systems of independent agencies, board, and commissions; and to declare the Sense of the Council that Congress should amend section 451(d) of the Home Rule Act to exempt Year 2000 remediation contracts from Council review and approval.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA That this act may be cited as the "Chief Technology Officer Year 2000 Remediation Procurement Authority Temporary Amendment Act of 1999".

Sec. 2. Section 320 of the District of Columbia Procurement Practices Act of 1985 (D.C.Law 11-259; D.C. Code §1-1183.20), is amended by adding a new subsection (1) to read as follows:

"(1) Nothing in this chapter shall affect the authority of the Office of the Chief Technology Officer to execute contracts for Year 2000 rernediation. For the purpose of this section, Year 2000 remediation contracts are defined as procurements for the correction of computers, computer-operated systems. and equipment operated by embedded computer chips, to ensure the proper recognition and processing of dates on or after January 1, 2000."

"(n) The Office of the Chief Technology Officer shall not be exempt from allocating agency contracts to Local, Small. and Disadvantaged Business Enterprises pursuant to section 7 of the Minority Contracting Act of 1976. effective March 29. 1977 (D.C. Law 1-95; D.C. Code.§1-1146). The Office of the Chief Technology Officer shall provide monthly reports to the Council beginning 30 days from the effective date of the Chief Technology Officer Year 2000 Remediation Procurement Authority Emergency Amendment Act of 1999".

Sec. 2b. Section 105a of the Procurement Practices Act of 1985. effective April 15. 1997 (D.C. Law 11 -259; Code §1-1181.5a) is amended by adding a new subsection (e) to read as follows:

"(e) Notwithstanding the provisions of this or any other act, a Year 2000 remediation contract submitted to the Council by the Mayor shall be deemed approved at the time a timestamp is affixed to the contract by the Secretary of the Council, provided a summary of the contract has been filed with the office of the Chairman of the Council at least 48 72 hours in advance of the submission of the contract. The 72-hour period shall not include Saturday. Sunday or a legal holiday. The contract shall be deemed approved if within the 72-hour period after the receipt or the summary by the Chairman. a resolution of disapproval has not been signed and introduced by at least nine members of the Council. If a resolution of disapproval has been introduced by 9 members within the 72-hour period, the period of Council review shall be extended by an additional 7 days. If the resolution of disapproval has not been approved within the 7-day extended period, the contract shall be deemed approved. The contract summary shall contain: ( 1 ) the name of the proposed contractor and the contract amount; (2) a description of the goods and services to be provided and the state of work: and (3) a description of the selection process and the background and qualifications of the proposed contractor.

Sec 3. Section 1813 of the Fiscal Year 1999 Budget Support Act of l 1998, signed by the Mayor on June 23, 1998 (D.C. Act 12-399, 45 DCR 7193), is amended by striking the period at the end of the second sentence and inserting the phrase ", defined for the purposes of this subtitle as including independent agencies, boards, commissions, and instrumentalities of the District government." in its place.

Sec. 3b. Section 1814 of the Fiscal Year 1999 Budget Support Act of 1998 is amended by adding a new paragraph (9) to read as follows:

"(9) Solicit, negotiate, award, and execute Year 2000 remediation contracts, defined for the purpose of this section as procurements for the correction of computers, computer-operated systems, and equipment operated by embedded computer chips to ensure the proper recognition and processing of dates on or after January 1 2000.".

Sec. 4. Sense of the Council.

It is the sense of the Council that the Council review and approval of contracts in excess of 51 million over a 1 2-month period, as well as Council review and approval of multi-year contracts mandated by section 451 of the Home Rule Act, adds an unacceptable delay to Year 2000 remediation contracts, and that Congress should amend section 45 l(d) of the Home Rule Act to add an exemption from Council review and approval for Year 2000 remediation contracts awarded by the Chief Technology Officer.

Sec. 5. Fiscal impact statement.

The fiscal impact of this legislation shall be positive, because it will facilitate the effective and efficient resolution of the Year 2000 remediation process, which entails the correction of computers, computer-operated systems, and equipment operated by embedded computer chips to ensure the proper recognition and processing of dates on or after January 1, 2000. The legislation also clarifies the Chief Technology Officer's authority to oversee information technology and telecommunications policies in independent agencies, boards, and commissions, further supporting the execution of a comprehensive Year 2000 remediation process throughout the District government.

The District plans to spend $142.5 million on Year 2000 remediation during fiscal year 1999, and the success of this endeavor is essential to ensure that vital and routine services such as payroll and personnel processing, emergency response services, unemployment compensation and social welfare benefits, and motor vehicle services continue. Year 2000 remediation is also essential to ensure that other functions, such as elevators, heating systems, telephones, and security systems, that are controlled by embedded computer chips, continue to work on or after January l . 2000.

If the District cannot execute contracts to procure Year 2000 remediation services on a timely basis, it will have to pay premium costs as the turn of the century approaches, resulting in the additional expenditure of millions of dollars. Furthermore, the District is approximately one year behind in the Year 2000 remediation process, according to commonly accepted benchmarks, and further delays in the remediation program will cost the District millions of dollars to restore vital services that will be jeopardized by Year 2000 remediation failures. The Chief Technology Officer has testified that procurement delays are a chief obstacle to a successful Year 2000 remediation effort. This legislation will have a strong and positive fiscal impact by facilitating the procurement of consulting expertise, systems, and equipment needed to support the Year 2000 remediation program.

Sec. 6. Effective date.

(a) 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 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.

(b) This act shall expire after 225 days of its having taken effect.