Code of the District of Columbia

§ 2–354.05. Emergency procurements.

(a) Notwithstanding any other provision of this chapter, a contract may be awarded through an emergency procurement as defined by rules:

(1) When there is an imminent threat to the public health, welfare, property, or safety; or

(2) To prevent or minimize serious disruption in agency operations.

(b) Emergency procurements shall be made with as much competition as is practicable under the circumstances, based on the judgment and determination of the contracting officer.

(c) The contracting officer may issue oral orders or notices to proceed to contractors to provide services or goods to the District; provided, that the directive shall be reduced to writing within 3 business days after issuance and funding for the services or goods provided shall be certified by the appropriate fiscal official.

(d) Emergency procurement procedures shall not be used for contracts exceeding 90 days; provided, that if the development time for the good or service exceeds 90 days, the contract shall not exceed 120 days.

(e) The CPO shall make a determination and findings justifying the emergency procurement.

(f) Notice of all emergency procurements shall be made available on the Internet no more than 7 days after the contract is awarded. The notice shall include:

(1) The determination and findings required by subsection (e) of this section;

(2) A description of the item to be procured;

(3) The designated contractor; and

(4) A copy of the contract.

(Apr. 8, 2011, D.C. Law 18-371, § 405, 58 DCR 1185.)

Section References

This section is referenced in § 2-354.01, § 2-356.02, and § 31-3422.