Code of the District of Columbia

Chapter 5A. Department of General Services.


§ 10–551.01. Department of General Services; establishment.

(a) There is established, as a subordinate agency within the executive branch of the District government, the Department of General Services (“Department”), which shall be headed by a Director who shall carry out the functions and authorities assigned to the Department.

(b) The functions of the Department shall be to:

(1) Manage the capital improvement and construction program for District government facilities, including the modernization or new construction of District facilities by approving and authorizing decisions at every stage of modernization and new construction, including planning, design, procurement, and construction, in accordance with the approved Capital Improvement Plan;

(2) Acquire real property, by purchase or lease, for use by the District government;

(3) Manage space in buildings and adjacent areas operated and leased by the District government, assist District agencies in implementing space plans, and administer the employee parking program;

(4) Provide building services for facilities owned and occupied by the District government, including engineering services, custodial services, security services, energy conservation, utilities management, maintenance, inspection and planning, and repairs and non-structural improvements;

(5) Administer the disposition of District real and personal property through sale, lease, or other authorized method, and to exercise other acquisition and property disposition authority delegated by the Mayor; and

(6) Manage data and information needs pertaining to real property, including maintaining inventory records for tracking and controlling District-owned, controlled, and leased space.


(Sept. 14, 2011, D.C. Law 19-21, § 1022, 58 DCR 6226.)

Emergency Legislation

For temporary (90 day) addition, see § 1002 of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).

Short Title

Short title: Section 1021 of D.C. Law 19-21 provided that subtitle C of title I of the act may be cited as “Department of General Services Establishment Act of 2011”.


§ 10–551.02. Organization.

There are established 6 primary organizational functions in the Department as follows:

(1) Agency Management, which shall include the staff and organizational units needed to carry out the overall plan and direction for the Department, including coordination and management for information technology, resource allocation, human resources, procurement, fixed-cost forecasting for District facilities, and the administrative functions of the Department;

(2) Capital Construction, which shall:

(A) Implement and oversee the Department’s capital improvement program for District government facilities; and

(B) Execute the capital budget program, which includes the rehabilitation of existing real property facilities and construction of new facilities supporting the District;

(3) Portfolio Management, which shall coordinate:

(A) Lease administration;

(B) Allocation of owned and leased properties to District agencies;

(C) Property acquisition and disposition; and

(D) Rent collection from entities leasing District-owned or leased properties;

(4) Facilities Management, which shall coordinate the day-to-day operations of District-owned properties by:

(A) Maintaining building assets and equipment;

(B) Performing various repairs and non-structural improvements; and

(C) Providing janitorial, trash and recycling pickup, postal, and engineering services; provided, that the District of Columbia Public Schools (“DCPS”) shall remain responsible for providing janitorial services at DCPS facilities;

(5) Contracting and Procurement, which shall provide services and support in procuring for the District:

(A) The construction, architecture, and engineering services;

(B) The facilities maintenance and operation services;

(C) The real estate asset management services, including leasing and auditing;

(D) The utility contracts;

(E) The security services; and

(F) Such other services necessary or desirable to improve the effectiveness of the Department and advance the purposes of this chapter; and

(6) Protective Services Division, which shall coordinate, manage, and provide security services for District government facilities through the use of special police officers and security officers, as defined in § 47-2839.01, civilian employees, or contractors.


(Sept. 14, 2011, D.C. Law 19-21, § 1023, 58 DCR 6226; Sept. 26, 2012, D.C. Law 19-171, § 70(a), 59 DCR 6190; Dec. 24, 2013, D.C. Law 20-61, § 1022, 60 DCR 12472.)

Effect of Amendments

The 2012 amendment by D.C. Law 19-171 substituted “this subtitle” for “this act” [translated as “this chapter”] in (5)(F).

The 2013 amendment by D.C. Law 20-61 rewrote (6).

Emergency Legislation

For temporary (90 day) addition, see § 1003 of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).

For temporary (90 days) amendment of this section, see § 1022 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 1022 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Short Title

Section 1021 of D.C. Law 20-61 provided that Subtitle C of Title I of the act may be cited as the “Department of General Services Protective Services Division Amendment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.


§ 10–551.03. Director; appointment.

(a) The Director shall manage and administer the Department and all functions and personnel assigned thereto, including the power to redelegate to other employees and officials of the Department powers and authority as in the judgment of the Director are warranted in the interests of efficiency and sound administration.

(b) The Director shall be appointed by the Mayor with the advice and consent of the Council pursuant to § 1-523.01(a) and shall have extensive experience in construction project management or real property management.


(Sept. 14, 2011, D.C. Law 19-21, § 1024, 58 DCR 6226.)

Emergency Legislation

For temporary (90 day) addition, see § 1004 of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).


§ 10–551.04. Transfers.

(a) All functions assigned, authorities delegated, positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available to the Department of Real Estate Services and the Office of Public Education Facilities Modernization are transferred to the Department.

(b) All functions assigned, authorities delegated, positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available for capital construction and real property management functions of other subordinate executive branch agencies, except for the District Department of Transportation, as the Mayor considers necessary to effectuate this chapter, are transferred to the Department.

(c) All functions assigned, authorities delegated, positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available to the Deputy Mayor for Planning and Economic Development for its asset management program, including the DC USA Garage, are transferred to the Department; provided, that with respect to funds which are deposited or held in special purpose revenue funds and fund the asset management program, the Deputy Mayor for Planning and Economic Development shall enter into a memorandum of understanding with the Department to pay for the asset management program, including the DC USA Garage, from such special purpose revenue funds.


(Sept. 14, 2011, D.C. Law 19-21, § 1025, 58 DCR 6226; Sept. 26, 2012, D.C. Law 19-171, § 70(b), 59 DCR 6190.)

Effect of Amendments

The 2012 amendment by D.C. Law 19-171 substituted “this subtitle” for “this act” [translated as “this chapter”] in (b).

Emergency Legislation

For temporary (90 day) addition, see § 1005 of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).


§ 10–551.05. Inventory of real property assets.

(a) The Department shall maintain an inventory of all real property assets, based upon information provided by each District department, agency, and instrumentality under the executive control of the Mayor. The inventory shall be maintained by the Department on a centralized automated database. Information contained in the database for each property shall include the following:

(1) A detailed description of each real property asset;

(2) Facility condition assessments, which shall contain a proposed or actual annual budget for maintenance and deferred maintenance, and a detailed description and estimate of any needed repairs;

(3) The street address of the property;

(4) The property’s square and lot number;

(5) The current and prospective future use of the property;

(6) The area of the property in square feet and, if improved, the gross floor area, including the subsurface area and the number of stories of any building on the property;

(7) The current assessed value of the property and any improvements;

(8) The Ward and Advisory Neighborhood Commission boundary within which the property is located; and

(9) Whether the real property is located within a historic district or is designated as a registered historic landmark under District or federal laws and, if so, the designation.

(b) The Department shall make available to the public on its website a database of information of the inventory of all real property assets in a form substantially similar to that as maintained and used by the Department.

(c) The Department shall maintain a facilities condition assessment of all District-owned assets under the control of the Mayor on a rolling basis of over 5 years.

(d) This section shall apply to improved commercial real property assets, whether occupied or unoccupied, and all real property assets that the Mayor has determined to be no longer needed for educational purposes and for which jurisdiction has been transferred to the Department of Real Estate Services for disposal.

(e) The Director shall submit to the Council an annual report indicating the changes in inventory no later than 30 days after the beginning of the fiscal year.

(f) For the purposes of this section, the term “real property asset” means real property titled in the name of the District or in which the District has an interest or jurisdiction and includes all structures of a permanent character erected thereon or affixed thereto.


(Sept. 14, 2011, D.C. Law 19-21, § 1026, 58 DCR 6226.)

Emergency Legislation

For temporary (90 day) addition, see § 1006 of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).


§ 10–551.06. Green building priority.

Priority consideration for the District government’s facility needs shall be given to buildings fulfilling or exceeding the LEED-NC 2.2 standard or the LEED-CS 2.0 standard at the silver level. For purposes of this subsection, the terms “LEED-CS” and “LEED-NC” shall have the same meanings as provided in § 6-1451.01(28) and (30), respectively.


(Sept. 14, 2011, D.C. Law 19-21, § 1027, 58 DCR 6226.)

Emergency Legislation

For temporary (90 day) addition, see § 1007 of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).


§ 10–551.07. Representative program.

(a) The Director may contract for the services of a representative to provide real estate brokerage or real estate consulting services.

(b) Each contract for the services of a representative shall be awarded on a competitive basis to a qualified real estate professional in accordance with applicable procurement regulations.

(c) The representative shall perform an analysis of all aspects of the proposed contract or real-estate transaction, including the costs and benefits, and shall negotiate on behalf of the District; provided, that the representative shall not bind the District or direct District government employees and the terms of the contract shall be approved by the Director and, if applicable, the Council.

(d) Fees paid for the services of a representative may be paid by either party in a transaction, either as a percentage of the total contract value or a fixed dollar amount, according to the terms of the contract as negotiated between the District and the representative.


(Sept. 14, 2011, D.C. Law 19-21, § 1028, 58 DCR 6226; Oct. 8, 2016, D.C. Law 21-158, § 4, 63 DCR 10752.)

Emergency Legislation

For temporary (90 days) amendment of this section, see § 4 of Procurement Integrity, Transparency, and Accountability Emergency Amendment Act of 2016 (D.C. Act 21-504, Oct. 13, 2016, 63 DCR 12942).

For temporary (90 day) addition, see § 1008 of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).

For temporary (90 day) addition of section, see § 1022 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) addition of section, see § 1022 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).


§ 10–551.07a. Establishment of the Facilities Service Request Fund.

(a) There is established within the General Fund of the District of Columbia a lapsing account to be known as the Facilities Service Request Fund (“Fund”). All funds received by the Department from non-District government tenants in District government facilities for facility- related services, including maintenance, janitorial, security, construction, or other services, provided by the Department in accordance with this chapter shall be deposited into the Fund.

(b) All funds deposited into the Fund, and any interest earned on those funds, shall revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of each fiscal year.

(c) The Fund shall be administered by the Department, and shall be used for facility-related services at real property owned or leased by the District of Columbia and under the control of the Department.


(Sept. 14, 2011, D.C. Law 19-21, § 1028a; as added Sept. 20, 2012, D.C. Law 19-168, § 1022, 59 DCR 8025.)

Effect of Amendments

The 2012 amendment by D.C. Law 19-168 added this section.

Emergency Legislation

For temporary addition of section, see § 1022 of the Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).


§ 10–551.07b. Establishment of the Department of General Services Stormwater Retention Credit Fund.

(a) There is established as a special fund the Department of General Services Stormwater Retention Credit Fund (“Fund”), which shall be administered by the Director in accordance with subsection (c) of this section.

(b) Revenue from the following sources shall be deposited in the Fund:

(1) Revenue received directly from the sale of a Stormwater Retention Credit (“SRC”) by the Director;

(2) Revenue received through lease of District property by the Department for the purpose of generating or selling a SRC;

(3) Revenue received through the lease of a stormwater best management practice on District property by the Department for the purpose of generating or selling a SRC;

(4) Revenue received from a third party intermediary for the authority to sell, or broker the sale of, a SRC generated on District property under the control of the Department; and

(5) Revenue received by the Department pursuant to a contract for the installation and maintenance of a stormwater best management practice on property or public space under the control of the Department.

(c)(1) Money in the Fund shall be used for the following purposes:

(A) To fulfill or exceed the District’s obligations pursuant to the MS4 Permit; and

(B) To install, operate, and maintain stormwater retention projects regulated by the District’s MS4 Permit.

(2) The Director may sell a SRC generated on District property under the control of the Department, upon the certification of the SRC by the District Department of the Environment.

(d)(1) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

(e) The Director shall publish on the Department’s website, at least annually, a report describing how money in the Fund has been spent, including the following information:

(1) The total amount of SRC payments deposited in the Fund to date;

(2) The total amount of money spent from the Fund to date;

(3) For each sub-drainage area or watershed, the aggregate values of SRC purchased per year; and

(4) For each of the stormwater best management practices installed using money from the Fund, the type of stormwater best management practice used by the facility, the number of gallons of stormwater retained by the facility, the sub-drainage or watershed location of the facility, and a summary of the capital and maintenance costs of the project.

(f) For the purposes of this section, the term:

(1) “MS4 Permit” shall have the same meaning as provided in § 8-151.01(15).

(2) “Stormwater best management practice” shall have the same meaning as provided in § 8-151.01(14).

(3) “Stormwater Retention Credit” shall have the same meaning as provided in 21 DCMR § 599.


(Sept. 14, 2011, D.C. Law 19-21, § 1028b; as added Oct. 22, 2015, D.C. Law 21-36, § 6133, 62 DCR 10905.)

Emergency Legislation

For temporary (90 days) amendment of this section, see § 7223 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).


§ 10–551.07c. Prevention of lead in drinking water at recreation facilities.

(a) For the purposes of this section, the term:

(1)(A) "Drinking water source" means a source of water from which a person can reasonably be expected to consume or cook with the water originating from the source.

(B) "Drinking water source" shall not include a source of water for which the Department of General Services posts a conspicuous sign pursuant to subsection (b)(3) of this section.

(2) "Recreation facility" means a Department of Parks and Recreation ("DPR") public facility regularly used by children.

(3) "Remediation steps" means, at a minimum, actions to:

(A) Decrease the elevated lead concentration in a drinking water source to 5 parts per billion or less; or

(B) Preclude people from consuming or cooking with water from a drinking water source.

(b) The Department of General Services ("Department") shall:

(1) Locate all drinking water sources at each recreation facility and install a barcode on each of the drinking water sources;

(2) Install a filter that reduces lead in drinking water on each drinking water source in each recreation facility and maintain the filters, at a minimum, in a manner consistent with the manufacturer's recommendations. Filters or all of the filter's component parts shall be certified for lead reduction to the National Sanitation Foundation ("NSF")/American National Standards Institute ("ANSI") Standard 53 for Health Effects or NSF/ANSI Standard 61 for Health Effects;

(3) Post a conspicuous sign near each water source at recreation facilities that is not a drinking water source, which includes an image that clearly communicates that water from the water source should not be used for cooking, where applicable, or consumed;

(4) Test all drinking water sources at each recreation facility for lead annually;

(5) If a test conducted pursuant to paragraph (4) of this subsection shows a lead concentration over 5 parts per billion:

(A) Shut off the drinking water source as soon as possible but no later than 24 hours after receiving the test result and keep the drinking water source shut off until a subsequent test shows that the lead concentration level is not over 5 parts per billion;

(B) Determine, in writing, which remediation steps should be implemented to address the elevated lead concentration level;

(C) Send the test results and remediation steps to the Director of DPR within 5 business days of receiving the test result;

(D) Update the list described in paragraph (6) of this subsection within 5 business days of receiving the test result to reflect the test result and remediation steps; and

(E) Notify the Director of DPR and update the list described in paragraph (6) of this subsection within 5 business days of completion of the remediation steps required by subparagraph (B) of this paragraph; and

(6) Publish on the Department's website a list of drinking water sources in each recreation facility that describes, for each drinking water source:

(A) The date and results of the most recent lead test performed;

(B) The date the current filter was installed;

(C) The date when the filter will next be replaced;

(D) The barcode identification number; and

(E) Any remediation steps that will be or have been taken.

(c) Within 120 days of September 23, 2017, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this section.

(d) Nothing in this section is intended to, or does, create a private right of action against any person or entity based upon compliance or noncompliance with its provisions. No person or entity may assert any claim or right as a beneficiary or protected class under this section in any civil, criminal, or administrative action against the District of Columbia.


(Sept. 14, 2011, D.C. Law 19-21, § 1028c; as added Sept. 23, 2017, D.C. Law 22-21, § 4, 64 DCR 7631.)

Applicability

Section 7019 of D.C. Law 22-168 amendeded section 11 of D.C. Law 22-21 removing the applicability restriction impacting this section. Therefore the amendments made to this section by D.C. Law 22-21 have been implemented.

Applicability of D.C. Law 22-21: § 11 of D.C. Law 22-21 provided that the creation of this section by § 4 of D.C. Law 22-21 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.

Editor's Notes

Section 9 of D.C. Law 22-21 provided that within one year after September 23, 2017, the Mayor shall host 4 community meetings open to the public on the implementation of D.C. Law 22-21 and notify the public about each meeting on the Department of General Services website at least one month before the meeting is held.


§ 10–551.08. Rules.

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of this chapter, including rules for the valuation of the factors to be considered under § 50-551.06.


(Sept. 14, 2011, D.C. Law 19-21, § 1029, 58 DCR 6226.)

Emergency Legislation

For temporary (90 day) addition, see § 1009 of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).

Delegation of Authority

Delegation of Rulemaking Authority to the Department of General Services, see Mayor’s Order 2011-168, October 5, 2011 ( 58 DCR 8842).


§ 10–551.09. Transition.

To facilitate the establishment of the Department, the City Administrator is authorized to coordinate and implement the transition process for the Department. The City Administrator shall transmit to the Council, which shall approve or disapprove by resolution, an implementation plan for the new agency no later than September 1, 2011. The plan shall:

(1) Include an organizational chart;

(2) Identify redundant positions and functions; and

(3) Include a plan for transferring employees that details how many employees will be required to re-apply for new positions.


(Sept. 14, 2011, D.C. Law 19-21, § 1030, 58 DCR 6226.)

Emergency Legislation

For temporary (90 day) addition, see § 1010 of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).


§ 10–551.10. See Forever Foundation — Evans Campus.

The Department shall have the authority to direct and manage the modernization or new construction of the See Forever Foundation — Evans Campus, as authorized funds become available.


(Sept. 14, 2011, D.C. Law 19-21, § 1031, 58 DCR 6226.)

Emergency Legislation

For temporary (90 day) addition, see § 1011 of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).