D.C. Mun. Regs. tit. 27, § 834
[Reserved]
Effective Oct 23, 200956 DCR 8439Authority: Small and Certified Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.01 et seq. (“Act”), and Mayor’s Order 2009-58, dated April 15, 2009. 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, 5647 (July 10, 2009); as amended by Final Rulemaking published at 70 DCR 010970 (August 11, 2023).District of Columbia, Office of the Secretary
834 AGENCY SET-ASIDE AND PREFERENCE PROGRAM IMPLEMENTATION
834.1 When an entire solicitation has been placed in the SBE set-aside program, the solicitation shall:
- (a) State that it is a set-aside for certified small business enterprise offerors under the provisions of the Act; and
- (b) Require that responses include a copy of the SBE's letter of certification.
834.2 Once a solicitation has been placed in the SBE set-aside market as required by sections 2344 and 2345 of the Act, the agency shall not remove it from the set-aside market unless:
- (a) At least one attempt to solicit bids or proposals for the procurement in the SBE set-aside market has failed to produce a responsive bid or proposal;
- (b) There is no SBE that qualifies for the procurement;
- (c) The prices of the bids or proposals are 12% or more above the likely price on the open market; or
- (d) The removal is authorized by law.
834.3 Each agency shall provide to the Department, if requested, the following types of procurement records:
- (a) Small purchase sources;
- (b) Term contracts;
- (c) Blanket purchases orders;
- (d) Repetitive or recurring procurement; and
- (e) GSA Schedule procurement.
834.4 If an agency with independent contracting authority or the Office of Contracting and Procurement ("OCP") intends to place a solicitation on the open market for a contract or procurement of $100,000 or less, 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 set-aside program. The written notice shall include, at a minimum, a description of:
(a) The steps taken to identify SBEs that may be able to provide the goods or services; and
(b) The information contained in the written determination(s) required under section 2344 or 2345 of the Act.
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, 5647 (July 10, 2009).