(a) Except as provided in subsection (b) of this section, where a contract or procurement is awarded by a District agency to a small business enterprise or certified business enterprise, its follow-on or renewable acquisition shall be set aside for small business enterprises or certified business enterprises.
(b) An agency that would like to fulfill a follow-on or renewable acquisition without using a small business enterprise or certified business enterprise shall:
(1) Make a written request to the Director; and
(2) Receive written approval from the Director to allow the agency to waive the requirements set forth in this section.
(Oct. 20, 2005, D.C. Law 16-33, § 2345a; as added June 10, 2014, D.C. Law 20-108, § 2(w), 61 DCR 3892.)
For temporary (90 day) addition, see § 2345 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
For temporary (90 days) repeal of D.C. Law 20-108, § 4(c), see § 7005 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).
For temporary (90 days) repeal of D.C. Law 20-108, § 4(c), see § 7005 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).
For temporary (90 days) repeal of D.C. Law 20-108, § 4(c), see § 7005 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).
Applicability of D.C. Law 20-108: Section 4(a) of D.C. Law 20-108 provided that applications pending as of June 10, 2014, shall not be subject to the provisions of the act.
Section 4(b) of D.C. Law 20-108 provided that, except as provided in § 2-218.46(f), contracts existing or pending as of June 10, 2014, shall not be affected by the provisions of the act.
Section 4(c) of D.C. Law 20-108 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.
Section 4(c) of D.C. Law 20-108 was repealed by D.C. Law 20-155, § 7005.
Structure District of Columbia Code
Title 2 - Government Administration
Chapter 2 - Government Contracts and Business Development
Subchapter IX-A - Small and Local Business Enterprise Development and Assistance
Part D - Programs for Certified Business Enterprises
Subpart 2 - Requirements of programs
§ 2–218.41. Goals for District agencies with respect to contracting and procurement
§ 2–218.42. Required programs, procedures, and policies to achieve contracting and procurement goals
§ 2–218.43. Bid and proposal preferences
§ 2–218.47. Unbundling requirement; rulemaking requirement
§ 2–218.48. Enforcement and penalties for breach of subcontracting plan
§ 2–218.49. Other procedures and programs
§ 2–218.49a. Equity and development participation
§ 2–218.50. Special requirements for government corporations. [Repealed]
§ 2–218.51. Waiver of subcontracting requirements
§ 2–218.52. Enforcement mechanism against an agency
§ 2–218.53. Agency reporting requirements