Application; exemptions.
Except as provided in this section, this chapter, except for § 2-352.02, shall apply to all subordinate agencies, instrumentalities, and employees of the District government, independent agencies, boards, and commissions. Only §§ 2-351.02, 2-351.03, 2-351.04, and subchapters III, IV, V, VII, IX, X, XI, and XII of this chapter shall apply to the Council. The duties of the CPO shall be exercised by the Council for the purposes of the application of those sections and subchapters to the Council. Notwithstanding § 2-352.01, the Mayor or the CPO shall not have the authority to monitor, review, or establish standards, procedures, regulations, or rules for contracts or procurements of the Council, unless authorized by the Council. This chapter, except for § 2-352.02, shall not apply to: The acquisition, disposition, or transfer of a real property asset or interest in a real property asset by lease, purchase, sale, or other method; A transaction pursuant to the subchapter I of Chapter 11 of Title 10 [§ 10-1101.01 et seq.]; The District of Columbia Housing Finance Agency; The District of Columbia courts; The District Public Defender Service; The District of Columbia Advisory Neighborhood Commissions; The District of Columbia Water and Sewer Authority; Repealed. The Washington Convention and Sports Authority; The District of Columbia Auditor; The Not-for-Profit Hospital Corporation; A contract or agreement receiving or making grants or loans or for federal financial assistance; The procurement of services for the design, development, and construction of a facility on real property that has been disposed of pursuant to the authority in § 10-801; provided, that the construction of the facility is required by the Land Disposition Agreement, or similar agreement, governing the disposition of the real property; The District of Columbia Retirement Board; The procurement of services for the demolition of an existing facility and the design, development, and construction of a facility comprised of a fire station and office space for the Fire and Emergency Medical Services Department on real property located at Butternut Street and Georgia Avenue, N.W., at the Walter Reed Army Medical Center; The procurement of goods and services directly related to the production of permanent supportive housing units for which the District has obligated funding pursuant to an agreement between any combination of the following agencies: District of Columbia Department of Housing and Community Development; District of Columbia Housing Finance Agency; District of Columbia Housing Authority; Department of Human Services; Department of Behavioral Health; and Any other agency that has entered into an agreement with any of the agencies listed in subparagraphs (A) through (E) of this paragraph directly related to the production of permanent supportive housing; District of Columbia Health Benefit Exchange Authority; Captive Insurance Agency; and The Office of Public-Private Partnerships; provided that §§ 2-352.02, 2-354.15, and subchapters VII and X of this chapter shall apply. Applicability of D.C. Law 20-228: Section 302 of D.C. Law 20-228, codified as § 2-275.01, provided for the applicability and construction of D.C. Law 20-228. Applicability of D.C. Law 20-228: Section 301 of D.C. Law 20-228, codified as § 2-274.01, provided for the issuance of rules to implement the provisions of D.C. Law 20-228. The second Section 3 of D.C. Law 20-94 provided that §§ 2(a)(2), (3), and (4) and 3(a) of the act shall expire at the end of fiscal year 2018 [September 30, 2018].
Annotations
Apr. 8, 2011, D.C. Law 18-371, § 105, 58 DCR 1185 Sept. 14, 2011, D.C. Law 19-21, § 1032(c), 58 DCR 6226 Dec. 2, 2011, D.C. Law 19-50, § 2, 58 DCR 8947 Sept. 26, 2012, D.C. Law 19-171, § 15(a), 59 DCR 6190 Mar. 14, 2014, D.C. Law 20-94, § 2(a), 61 DCR 963 Mar. 11, 2015, D.C. Law 20-228, § 201, 62 DCR 261 For temporary (90 days) amendment of this section, see § 2(a) of the Procurement Practices Reform Exemption Emergency Amendment Act of 2014 (D.C. Act 20-282, February 20, 2014, 61 DCR 1576). For temporary (90 days) amendment of this section, see § 3 of the Health Benefit Exchange Authority Establishment Congressional Review Emergency Act of 2013 (D.C. Act 20-125, July 26, 2013, 60 DCR 11136, 20 DCSTAT 1821). For temporary (90 days) amendment of this section, see § 3 of the Health Benefit Exchange Authority Establishment Emergency Amendment Act of 2013 (D.C. Act 20-49, April 15, 2013, 60 DCR 6337, 20 DCSTAT 1355). For temporary (90 days) amendment of this section, see § 2 of the Permanent Supportive Housing Application Streamlining Emergency Act of 2013 (D.C. Act 20-43, March 26, 2013, 60 DCR 5379, 20 DCSTAT 544). For temporary (90 day) amendment of section, see § 2(a) of District of Columbia Retirement Board Procurement Exemption Emergency Amendment Act of 2011 (D.C. Act 19-144, August 9, 2011, 58 DCR 6821). For temporary (90 day) amendment of section, see § 2 of Building 18 Procurement Authority Emergency Amendment Act of 2011 (D.C. Act 19-127, August 1, 2011, 58 DCR 6770). For temporary (90 day) amendment of section, see § 1012(c) of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599). For temporary (225 days) amendment of this section, see § 3 of the Health Benefit Exchange Authority Establishment Temporary Amendment Act of 2013 (D.C. Law 20-11, July 13, 2013, 60 DCR 7236, 20 DCSTAT 1757). For temporary (225 days) amendment of this section, see § 2 of the Permanent Supportive Housing Application Streamlining Temporary Amendment Act of 2013 (D.C. Law 20-6, June 22, 2013, 60 DCR 6388, 20 DCSTAT 1274). The 2015 amendment by D.C. Law 20-228 added (c); and made related changes. The 2014 amendment by D.C. Law 20-94, § 2(a)(2)-(4), added (c)(16) through (c)(18) and made related changes. The 2014 amendment by D.C. Law 20-94, § 2(a)(1), substituted “This chapter, except for § 2-352.02” for “This chapter” in the introductory language of (c). The 2012 amendment by D.C. Law 19-171 validated a previously made technical correction in (c)(13). D.C. Law 19-50, in subsec. (c), deleted “and” from the end of par. (11 ), substituted “; and” for a period the end of par. (12 ), and added pars. ( 13) to (15). D.C. Law 19-21 repealed subsec. (c)(8), which had read as follows: “(8) The Office of Public Education Facilities Modernization;” This section is referenced in § 2-352.01, § 2-360.03, § 38-1202.06, § 39-105, and § 50-921.02.
Sourced from the DC Council Open Law Library (public domain).
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