2023 District of Columbia Code
Title 99 - Reserved sections
§ 2–352.01. (Perm). Office of Contracting and Procurement; authority

(a)(1) There is established as an independent agency the Office of Contracting and Procurement, which shall be administered by the Chief Procurement Officer. Except as otherwise provided in this chapter, OCP, through the CPO, shall have the exclusive authority to administer the provisions of this chapter.

(2) Repealed.

(3) Notwithstanding paragraph (1) of this subsection, until October 1, 2015, the following agencies, through their chief procurement officers, shall exercise the duties of the CPO for their respective agencies:

(A) The Department of Disability Services; and

(B) The Department of Behavioral Health, if a court order no longer requires the agency to be exempt from the CPO's authority.

(4) The CPO may delegate contracting authority to employees of an agency, including OCP, or another instrumentality.

(5) Agencies and instrumentalities subject to this chapter shall determine their requirements for goods and services and administering awarded contracts.

(b) Notwithstanding subsection (a) of this section, the following agencies shall not be subject to the authority of the CPO, but shall conduct procurements in accordance with the provisions of this chapter:

(1) The Office of the Chief Financial Officer;

(1A) The Tax Revision Commission, pursuant to § 2-354.07;

(1B) The Office of the Attorney General;

(2) The University of the District of Columbia;

(3) The District of Columbia Housing Authority;

(4) The District of Columbia Public Library;

(5) The District of Columbia Public Schools;

(6) The Child and Family Services Agency, until such time as a court order no longer requires the agency to be exempt from the CPO's authority;

(7) Repealed;

(8) The Public Service Commission;

(9) The Office of the People's Counsel;

(10) The Criminal Justice Coordinating Council;

(11) The Department of General Services; and

(12) The Criminal Code Reform Commission.

(c) The Office of the Attorney General and the Inspector General may contract for the services of accountants, lawyers, and other experts when they determine and state in writing that good reason exists why the services should be procured independently of the Chief Procurement Officer.

(d) Except regarding agencies exempted in § 2-351.05(c) and subsection (b) of this section and roads, bridges, other transportation systems, and facilities and structures appurtenant to roads, bridges, and other transportation systems, the Department of General Services shall have procurement authority for:

(1) Construction and related services under subchapter VI of this chapter; and

(2) Facilities maintenance and operation services, real estate asset management services, utility contracts, and security services, as set forth in § 10-551.02(5).

(e) Except as otherwise provided in § 2-351.05(b), the CPO may review and monitor procurements, including for construction and related services under subchapter VI of this chapter, by any agency, instrumentality, employee, or official exempt under this chapter or authorized to procure independently of OCP.

(f) The CPO may conduct procurements and award contracts on behalf of any agency exempt under this chapter or authorized to procure independently of OCP, when requested by the agency to do so. In conducting procurements or awarding contracts, the CPO shall comply with the requirements of this chapter, except as provided in § 2-272.01(e).

(Apr. 8, 2011, D.C. Law 18-371, § 201, 58 DCR 1185; Sept. 14, 2011, D.C. Law 19-21, § 1032(d), 58 DCR 6226; Dec. 24, 2013, D.C. Law 20-61, § 7143(a), 60 DCR 12472; Mar. 14, 2014, D.C. Law 20-94, § 2(b), 61 DCR 963; Feb. 26, 2015, D.C. Law 20-155, § 6034(b), 61 DCR 9990; Oct. 22, 2015, D.C. Law 21-36, § 1034, 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-158, § 3(c), 63 DCR 10752; Mar. 13, 2019, D.C. Law 22-249, § 2, 66 DCR 983; Sept. 11, 2019, D.C. Law 23-16, § 3002, 66 DCR 8621.)