1100 CERTIFIED MINORITY BUSINESS PREFERENCES

1100.1 Each sheltered market procurement shall be made in accordance with the provisions of the Procurement Practices Act of 1985 (the 'Act'), the Minority Contracting Act of 1976, D.C. Code §1-1141 et seq. (1981), and this title.1100.2 The contracting officer shall review each proposed procurement to determine whether the procurement must be made from a required source under §2100 of chapter 21 of this title. If the procurement may be made from other sources under §2100.1(i), the contracting officer shall determine whether the procurement falls within the agency sheltered market program established in accordance with chapter 6 of this title.1100.3 If the procurement is to be made by competitive sealed bids or by competitive sealed proposals, the contracting officer may designate for the sheltered market the entire procurement or a portion of any subcontracting.1100.4 Before a procurement is restricted to the sheltered market under §1100.3, the contracting officer shall make the following determinations:- (a) That there is a reasonable expectation that bids or offers will be obtained from at least two (2) responsible certified minority businesses; and

- (b) That an award will be made at reasonable prices.1100.5 If the contracting officer is unable to make a determination of the availability of prospective certified minority contractors under §1100.4(a), the contracting officer shall obtain from the Department of Small and Local Business Development ('DSLDB', in accordance with §1101, a list of all available certified minority business enterprises and the DSLDB's recommendation regarding the feasibility of placing the procurement in the sheltered market.1100.6 A contracting officer may make a procurement in the sheltered market on a sole source basis, provided that the provisions of chapter 17 of this title applicable to sole source procurements in the sheltered market shall be followed.1100.7 A contracting officer may make a procurement in the sheltered market on an emergency basis, provided that the provisions of chapter 17 applicable to emergency procurements shall be followed.

AUTHORITY: Unless otherwise noted, the authority for this chapter is the District of Columbia Procurement Practices Act of 1985, D.C. Law 6-85, as amended, D.C. Code §1-1181.1 et seq. (1981).

SOURCE: Final Rulemaking published at 35 DCR 1395 (February 26, 1988).