District of Columbia Code
Subpart 2 - Requirements of programs
§ 2–218.52. Enforcement mechanism against an agency

(a) If an agency fails to meet any of the goals set forth in § 2-218.41, the Department may require that a portion of the agency’s contracts and procurements be made part of a set-aside program for small business enterprises.
(b) The performance plan for each agency shall include a metric for compliance with the provisions of this subchapter and the performance evaluation for each agency director shall reflect the agency’s success in meeting compliance goals.
(Oct. 20, 2005, D.C. Law 16-33, § 2352, 52 DCR 7503; June 10, 2014, D.C. Law 20-108, § 2(dd), 61 DCR 3892.)
The 2014 amendment by D.C. Law 20-108 designated the existing provisions as (a); and added (b).
For temporary (90 day) addition, see § 2352 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Section 4(c) of D.C. Law 20-108 was repealed by D.C. Law 20-155, § 7005.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

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

§ 2–218.44. Mandatory set-asides of District agency contracts for small business enterprises or certified business enterprises

§ 2–218.45. Mandatory set-asides of contracts in the District of Columbia Supply Schedule for small business enterprises or certified business enterprises

§ 2–218.45a. Mandatory set-asides for small business enterprises and certified business enterprises with respect to follow-on and renewable acquisitions

§ 2–218.46. Performance and subcontracting requirements for construction and non-construction contracts; subcontracting plans

§ 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

§ 2–218.54. Department reporting requirements

§ 2–218.55. Regional governmental entities