5039.1 The Contracting Officer shall award contracts of $250,000 or less to a qualified Small Business Enterprise (SBE) as that term is defined in the SCBEDA Act, on the District of Columbia Supply Schedule (DCSS).

5039.2 If the Contracting Officer determines in writing that there are not at least two (2) qualified SBEs on the DCSS that can provide the goods or services, the Contracting Officer may use a qualified CBE on the DCSS that can provide the goods or services.

5039.3 If the Contracting Officer determines in writing that the price offered by the SBE or CBE is believed to be 12% or more above the likely price in the open market, the Contracting Officer may decline to award a contract under this section, and may issue the solicitation in the set-aside market under § 5040.

5039.4 A copy of each determination made under this section shall be submitted promptly to the Director of the Department of Small and Local Business Development (DSLBD).

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