Code of the District of Columbia

§ 2–352.07. Ombudsman for contracting and procurement.

(a) There is established within the Office of Contracting and Procurement an Office of Ombudsman for Contracting and Procurement which shall be headed by an ombudsman with purview over contracts under the authority of the CPO.

(b) Each District agency with independent procurement authority pursuant to section 201 shall designate an Agency Ombudsman for Contracting and Procurement.

(c) Each ombudsman designated pursuant to this section shall:

(1) Serve as a vehicle for contractors and subcontractors performing work or providing services under a District contract to communicate their complaints and concerns regarding contracting, procurement, or a specific contract, through a single entity;

(2) Respond to complaints and concerns in a timely fashion with accurate and helpful information;

(3) Determine the validity of any complaint quickly and professionally;

(4) Generate options for a response by the agency or instrumentality and offer a recommendation from among the options;

(5) Except when the parties are involved in legal or administrative proceedings, attempt informally to facilitate a resolution of a dispute between the contracting officer, the prime contractor, and the subcontractor, as appropriate; and

(6) Identify systemic concerns and recommend to the CPO and the Council policy changes, and strategies to improve the contracting and procurement process.


(Apr. 8, 2011, D.C. Law 18-371, § 207; as added Oct. 8, 2016, D.C. Law 21-158, § 3(g), 63 DCR 10752.)

Applicability

Section 7017 of D.C. Law 22-33 repealed § 5 of D.C. Law 21-158. Therefore the changes made to this section by D.C. Law 21-158 have been implemented.

Applicability of D.C. Law 21-158: § 5 of D.C. Law 21-158 provided that the modification of section 207 of this section by § 3(g) of D.C. Law 21-158 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of § 5 of D.C. Law 21-158, see § 7017 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of § 5 of D.C. Law 21-158, see § 7017 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) creation of this section, see § 3(g) of Procurement Integrity, Transparency, and Accountability Emergency Amendment Act of 2016 (D.C. Act 21-504, Oct. 13, 2016, 63 DCR 12942).