5001 GENERAL

5001.1 This chapter sets forth the procurement rules of the Office of the Attorney General (OAG), pursuant to authority granted by Section 108b of the Attorney General for the District of Columbia Clarification and Elected Term Amendment Act of 2010, effective October 15, 2015 (D.C. Law 21-36; D.C. Official Code § 1-301.88b) (2016 Repl. & 2017 Supp.) (“Act”). The OAG is an independent agency of the District of Columbia government. Its general mission is to enforce the laws of the District in a manner that is in the public’s interest, to provide the District government with the highest level of legal advice and service, and to defend and protect the District’s interests in court. In accordance with the Act, the OAG is subject to the requirements of the District of Columbia Procurement Practices Reform Act of 2010 effective April 8, 2011, (“PPRA”)(D.C. Law 18-371; D.C. Official Code §§ 2-351.01, et seq.) (2016 Repl.), as amended, OAG has the authority to issue and implement its own procurement rules. These regulations supersede and replace any existing procurement regulations unless expressly reference or incorporated in these rules.

5001.2 Where any statute or regulation is referred to in this title, the reference shall be to the most recent version, and any amendments or revisions to the statute or regulation.

5001.3 The Attorney General is authorized to enter into contracts to assist the OAG to carry out its mission, and the Attorney General may delegate that authority in accordance with the Act and these rules.

5001.4 These procurement rules are for the benefit of the OAG, and are not intended to confer any rights or benefits on third parties. The principal purposes of these rules are to ensure that the OAG’s procurement activities:

(a) Are carried out in a fair, efficient and objective manner that promotes public confidence in OAG’s integrity; and

(b) Produce reasonable value and results for the OAG.

5001.5 These rules are intended to encourage participation by Certified Business Enterprises (CBEs), in accordance with the Small and Certified Business Enterprise Development and Assistance Act of 2005, (“SCBEDA Act”) effective October 20, 2005 (D.C. Law 16-133; D.C. Official Code § 2-218). The OAG’s goals include expanding the use of CBEs.

5001.6 The Attorney General may waive the applicability of any provisions in these rules that are not specifically required by statute if the Attorney General finds in writing that:

(a) Such waiver is in the best interest of the OAG;

(b) Such waiver is not inconsistent with fair, competitive, and transparent procurement practices; and

(c) Such waiver would not alter the terms of a contract.

5001.7 Pursuant to authority described in “Part D-i. Attorney General for the District of Columbia” of the Fiscal Year 2013 Budget Support Act of 2012, effective September 20, 2012 (59 DCR 8025) and “Part A -Summary of Expenses” of the Fiscal Year 2017 Local Budget Act of 2016, effective July 29, 2016 (63 DCR 11133) and incorporated in the District of Columbia Appropriations Act, 2017, approved May 5, 2017, Pub. L. 115-31, and any substantially similar temporary or permanent authority, the Attorney General may enter into a contract to pay vendor fees, including legal fees to be paid as a fixed percentage of District revenue recovered from third parties on behalf of the District under contracts that provide for payment of fees based upon and from such District revenue as may be recovered by the vendor;

SOURCE: Final Rulemaking published at 65 DCR 4406 (April 20, 2018).