824.1 No later than fourteen (14) days prior to the beginning of each fiscal year, each agency shall submit its spending plan as described in Section 824.5 for the fiscal year, in a manner designated by the Department. Spending plans for agencies that contract or procure via the Office of Contracting and Procurement (“OCP”) shall be submitted via the Procurement Automated Support System Acquisition Planning Tool.

824.2 Failure of an agency to timely submit spending plan for the fiscal year shall be reported to the City Administrator no later than thirty (30) days after the start of the fiscal year; and

824.3 A report to the City Administrator under Section 824.2, an agency’s failure to report an increase in its agency’s set-aside, or the Department’s failure to provide an agency allocation letter shall not eliminate the requirement for the agency to submit a spending plan to the Department.

824.4 The Department may consider the quarterly reports submitted by the agency for the previous fiscal year in determining the set-aside for the agency.

824.5 An agency spending plan shall specifically set forth the following information for the fiscal year covered by the spending plan:

1. (a) Contracts or procurements that the agency intends to award, and the source funding for each contract and procurement;
2. (b) Contracts or procurements that the agency has set aside for small business enterprises (“SBEs”);
3. (c) A description of the contract or procurement;
4. (d) Whether the contract or procurement is a new or existing contract or procurement;
5. (e) The anticipated start and end date for each procurement; and
6. (f) Particular dollar amounts relating to the procurements specified in each of the above paragraphs of this subsection.

824.6 If an agency cannot include with its spending plan all of the information required by this section, it shall submit with its spending plan a statement and supporting documentation which establishes good cause for the failure, as well as a request for an extension of time for submission of the required information.

824.7 If an agency fails to meet the goals set forth in Section 2341 of the Act (D.C. Official Code § 2-218.41), the Department may, pursuant to Section 2352(a) of the Act (D.C. Official Code § 2-218.52(a)), require that a portion of the agency’s contracts and procurements be made part of a set-aside program for SBEs.

SOURCE: Final Rulemaking published at 39 DCR 9052 (December 4, 1992); as amended by Final Rulemaking published at 56 DCR 8439 (October 23, 2009), incorporating by reference text of Proposed Rulemaking published at 56 DCR 5622, 5640 (July 10, 2009); as amended by Final Rulemaking published at 70 DCR 010970 (August 11, 2023).