Code of the District of Columbia

§ 38–2973.04. Compliance with District, local, small and disadvantaged businesses contracting requirements.

(a) The Office of Public Education Facilities Modernization shall take all measures as shall be reasonably necessary to assure that all contracts entered into by the Office of Public Education Facilities Modernization or any agency or instrumentality of the Office of Public Education Facilities Modernization with respect to any project designated in the Facilities Master Plan shall comply with the requirements of subchapter IX-A of Chapter 2 of Title 2.

(b) The Office of Public Education Facilities Modernization shall take all measures as shall be reasonably necessary to assure that all contracts entered into by the Office of Public Education Facilities Modernization or any agency or instrumentality of the Office of Public Education Facilities Modernization with respect to each major phase of development and construction of any project designated in the Facilities Master Plan, including contracts for architectural, engineering, and construction services, shall provide that at least 35% of the work in the aggregate under such contracts shall be awarded to local business enterprises, small business enterprises, or disadvantaged business enterprises, as such terms are defined in § 2-218.02; provided, that if the 35% requirement is unattainable, the Office of Public Education Facilities Modernization shall report this to the Council for reconsideration.

(c) The Office of Public Education Facilities Modernization shall take all measures as shall be reasonably necessary to assure that all contracts entered into by the Office of Public Education Facilities Modernization or any agency or instrumentality of the Office of Public Education Facilities Modernization with respect to the development and construction of an any project designated in the Facilities Master Plan shall comply with First Source Employment requirements of subchapter X of Chapter 2 of Title 2.

(d)(1) The Office of Public Education Facilities Modernization shall take all measures as shall be reasonably necessary to assure that all contracts entered into by the Office of Public Education Facilities Modernization or any agency or instrumentality of the Office of Public Education Facilities Modernization with respect to the development and construction of any project designated in the Facilities Master Plan shall comply with the requirements of subchapter I of Chapter 14 of Title 32.

(2)(A) 50% of all apprenticeship hours performed pursuant to apprenticeship programs related to the construction and operation of any project designated in the Facilities Master Plan shall be performed by District of Columbia residents.

(B) Any prime contractor or subcontractor that fails to make a good-faith effort to comply with the requirements of this paragraph shall be subject to a monetary fine in the amount of 5% of the direct or indirect labor costs of the contract. Fines shall be imposed by the Contracting Officer and remitted to the Department of Employment Services to be applied to job training programs, subject to appropriations by Congress.


(June 8, 2006, D.C. Law 16-123, § 204, 53 DCR 2843; June 12, 2007, D.C. Law 17-9, § 1010(h), 54 DCR 4102; Mar. 25, 2009, D.C. Law 17-353, § 108(b), 56 DCR 1117.)

Effect of Amendments

D.C. Law 17-9 substituted “Office of Public Education Facilities Modernization” for “District of Columbia Public Schools”.

D.C. Law 17-353 validated previously made technical corrections in subsec. (b).