826

826.1

When an entire solicitation has been placed in the small business enterprise (“SBE”) set-aside program pursuant to Sections 2344 and 2345 of the Act (D.C. Official Code §§ 2-218.44 and 2-218.45), the solicitation shall:

1. (a) State that it is a set-aside for SBE and certified business enterprise (“CBE”) offerors under the provisions of the Act; and
2. (b) Require that responses include a copy of the certification letter/email issued by the Department.

826.2

1. (a) Once a solicitation has been placed in the SBE set-aside program as required by Sections 2344, 2345 and 2345a of the Act (D.C. Official Code §§ 2-218.44, 2-218.45, and 2-218.45a), the agency shall not remove it from the set-aside program unless:

2. (1) There are no SBEs that qualify for the procurement;

3. (2) The prices of the bids or proposals from SBEs are 12% or more above the likely price on the open market; or
4. (3) The removal is otherwise authorized by law.
5. (b) Each solicitation removed from the SBE set-aside program shall be posted on the Department’s website.
6. (c) Pursuant to Section 2345a of the Act (D.C. Official Code § 2-218.45a), a follow-on and renewable acquisition must obtain the Director’s approval to waive the SBE set-aside requirements.

826.3

Each agency shall provide to the Department, if requested, the following types of procurement records:

1. (a) Small purchase sources;
2. (b) Term contracts;
3. (c) Blanket purchases orders;
4. (d) Repetitive or recurring procurement; and
5. (e) GSA Schedule procurement.

8264

If an agency with independent contracting authority, or the Office of Contracting and Procurement (“OCP”), intends to place a solicitation covered under Sections 2344, 2345 and 2345a of the Act (D.C. Official Code §§ 2-218.44, 2-218.45, and 2-218.45a) on the open market, the agency or OCP shall provide a written notice to the Department as soon as practicable that the agency intends to exclude the contract or procurement from its SBE set-aside program. The written notice shall be posted on the Department’s website and include, at a minimum, a description of:

(a) The steps taken to identify SBEs and CBEs that may be able to provide the goods or services;

(b) A list of all SBEs and CBEs that were contacted by the agency;

(c) The information contained in the written determination(s) required under Sections 2344 and 2345, if applicable; and

(d) If applicable, the agency’s request to the Director pursuant to Section 2345a to waive the SBE set-aside requirement for follow-on and renewable acquisitions.

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, 5641 (July 10, 2009); as amended by Final Rulemaking published at 70 DCR 010970 (August 11, 2023).