1101.1 The contracting officer shall send a copy of the following to the DSLDB:

1. (a) Each procurement request over ten thousand dollars ($10,000) that has been designated for the sheltered market by the contracting officer under §1100.3; and
2. (b) Each procurement request, regardless of the dollar amount, that is being considered for the sheltered market when the contracting officer is unable to determine the availability of prospective certified minority contractors under §1100.5.

1101.2 When submitting a procurement request to the DSLDB under §1101.1(b), the contracting officer shall request a recommendation from the DSLDB regarding the feasibility of a sheltered market procurement and a list of minority businesses certified in the specific supply, service, or construction area of the procurement.

1101.3 The contracting officer shall request the DSLDB to provide the contracting officer with a recommendation and a list of certified minority businesses in accordance with §1101.2 within ten (10) working days after the date of the contracting officer's submittal of the procurement request. If the DSLDB has not responded within ten (10) working days after receipt of the request, the contracting officer may proceed with the procurement based on the contracting officer's determination without further notice to the DSLDB.

1101.4 After receiving an DSLDB recommendation under §1101.3 that sheltered market procurement is feasible, if the contracting officer decides to solicit the procurement in the open market, the contracting officer shall inform the head of the contracting agency in writing of the reasons for the decision to solicit in the open market, and shall send a copy of the determination to the DSLDB.

SOURCE: Final Rulemaking published at 35 DCR 1396 (February 26, 1988).