2112 EXCEPTIONS FROM HANDICAPPED AND FEDERAL PRISON INDUSTRIES, INC. SOURCE REQUIREMENTS

2112.1 When procurement under §§2110 or 2111 would otherwise be required, in accordance with the priorities listed in §2100, the contracting officer may obtain an exception to those source requirements in accordance with this section.2112.2 Exceptions to the handicapped source requirements under §2110 shall be granted by the Committee for the Purchase of Products and Services of the Blind and Other Severely Handicapped (the 'Committee').2112.3 Exceptions to the Federal Prison Industries, Inc. source requirements under §2111 shall be approved by the head of the contracting agency.2112.4 Exceptions shall be granted in the following circumstances:- (a) When the handicapped or Federal Prison Industries, Inc. sources cannot provide the goods or services within the time required, and other sources can meet the District's requirements in a timely manner;

- (b) When the quantity required cannot be produced or provided economically (at prices comparable to those which could be obtained by using other sources) by the handicapped or Federal Prison Industries, Inc. sources; or

- (c) When the Committee (in the case of sources under §2110) or the head of the contracting agency (in the case of sources required under §2111) determines that an exception is justified by other appropriate circumstances.2112.5 In any instance where a timely exception cannot be obtained from the Committee, the contracting officer may request approval of the exception by the Director. The Director may approve the exception in writing in accordance with criteria set forth in §2112.4.2112.6 When a purchase exception is granted, the contracting officer shall issue the solicitation within thirty (30) days of the date of the exception, unless an extension is granted by the Committee or the head of the contracting agency, whichever is appropriate.2112.7 When an exception is granted by the Committee, the contracting officer shall provide a copy of the solicitation to the Committee.

SOURCE: Final Rulemaking published at 35 DCR 1521 (February 26, 1988).