Code of the District of Columbia

Subchapter VI. Procurement of Construction Projects and Related Services.


§ 2–356.01. Project delivery methods authorized.

(a) This subchapter shall govern procurements for construction projects and related management services in the District.

(b) The following project delivery methods are authorized for procurements within the scope of this subchapter:

(1) Architectural and engineering services;

(2) Construction management;

(3) Construction management at risk;

(4) Design-bid-build;

(5) Design-build;

(6) Design-build-finance-operate-maintain;

(7) Design-build-operate-maintain; and

(8) Operations and maintenance.

(c) Participation in a report or study that is subsequently used in the preparation of design requirements for a project shall not disqualify a firm from participating as a member of a proposing team in a design-build, design-build-operate-maintain, or design-build-finance-operate-maintain procurement unless the participation would provide the firm with a substantial competitive advantage.


(Apr. 8, 2011, D.C. Law 18-371, § 601, 58 DCR 1185.)

Section References

This section is referenced in § 2-356.02 and § 2-357.04.


§ 2–356.02. Source selection methods assigned to project delivery methods.

(a) This section specifies the source selection methods applicable to procurements for the project delivery methods identified in § 2-356.01, except as provided in §§ 2-354.04, 2-354.05, 2-354.07, 2-354.08, 2-354.11, and 2-354.12.

(b)(1) The qualifications-based selection process set forth in § 2-356.04 shall be used to procure architectural and engineering services in design-bid-build procurements.

(2) Competitive sealed bidding, as set forth in § 2-354.02, shall be used to procure construction in design-bid-build procurements, except where rules authorize the use of competitive sealed proposals, as set forth in § 2-354.03, for contracts for construction management at-risk.

(c) Contracts for operations and maintenance shall be procured as set forth in § 2-354.01.

(d) Contracts for design-build shall be procured by competitive sealed proposals, as set forth in § 2-354.03.

(e) Contracts for design-build-operate-maintain shall be procured by competitive sealed proposals, as set forth in § 2-354.03.

(f) Contracts for design-build-finance-operate-maintain shall be procured by competitive sealed proposals, as set forth in § 2-354.03.


(Apr. 8, 2011, D.C. Law 18-371, § 602, 58 DCR 1185.)

Cross References

Stadiums, construction, see §§ 10-1601.03, 10-1601.05.


§ 2–356.03. Prequalification process for construction.

(a) Except for architectural and engineering services, prospective contractors for procurements under this subchapter may be selected through a prequalification process as set forth in this section.

(b) The prequalification process shall provide for the annual publication of a list describing specific types of solicitations for which the agency will seek prequalified contractors. Solicitations may be added to the list at any time; provided, that the addition of a solicitation to the list shall be published for not less than 30 days before the solicitation is released.

(c) The prequalification criteria may include the following:

(1) Experience and expertise of personnel;

(2) Prior completion of similar work;

(3) Receipt of favorable references from prior work;

(4) A certified letter indicating a surety’s willingness to provide bonding to the contractor for 100% of the proposed bid price;

(5) Availability to complete the desired work;

(6) Confirmation that the vendor is responsible;

(7) Acceptable subcontracting plans; and

(8) Any other criteria identified by the agency as relevant to evaluation of the prospective contractor.

(d) After an agency has prequalified prospective contractors, it may exclude from competition for the ensuing solicitation any person that has not been prequalified.

(e) The use of the prequalification process under this section shall not nullify the requirement for a determination of contractor responsibility under subchapter III of this chapter.


(Apr. 8, 2011, D.C. Law 18-371, § 603, 58 DCR 1185.)


§ 2–356.04. Architectural and engineering services.

(a) The District shall announce all requirements for architectural and engineering services and negotiate contracts for these services on the basis of demonstrated competence and qualification and at fair and reasonable prices.

(b) In the procurement of architectural and engineering services, the CPO shall:

(1) Provide notice to firms to submit annually a statement of qualifications and performance data;

(2) Appoint one or more permanent or ad hoc architect-engineer evaluation boards, comprised of members with experience in architecture, engineering, construction, and District and related procurement matters.

(c) These boards shall include highly qualified professional employees of the District and may include private practitioners of architecture, engineering, or related professions. The members of a permanent or an ad hoc evaluation board shall be known as the architect-engineer selection committee.

(d) For each architectural and engineering services contract over $100,000, the CPO shall appoint an architect-engineer selection committee. The selection committee for architectural and engineering services contracts under this amount shall be established in accordance with rules promulgated by the CPO. The selection committee shall evaluate current statements of qualifications and performance data on file with the District and those that may be submitted by other firms regarding the proposed contract. The selection committee shall conduct discussions with no less than 3 firms regarding the contract and the relative utility of alternative methods of approach for furnishing the required services, and then shall select therefrom, in order of preference, based upon criteria established and published by the selection committee, no less than 3 of the firms considered to be the most highly qualified to provide the services required.

(e) The contracting officer shall negotiate a contract with the highest qualified firm for architectural and engineering services at compensation which the contracting officer determines in writing to be fair and reasonable to the District. The contracting officer shall take into account the estimated value, the scope, the complexity, and the professional nature of the services to be rendered. A contracting officer shall proceed as follows:

(1) If the contracting officer is unable to negotiate a satisfactory contract with the firm considered to be the most qualified, negotiations with that firm shall be terminated and the contracting officer shall then undertake negotiations with the 2nd most qualified firm.

(2) If the contracting officer is unable to negotiate a satisfactory contract with the firm considered to be the 2nd most qualified firm, the contracting officer shall terminate negotiations and shall undertake negotiations with the 3rd most qualified firm.

(3) If the contracting officer is unable to negotiate a satisfactory contract with the firm considered to be the 3rd most qualified firm, the contracting officer shall terminate negotiations.

(4) If the contracting officer is unable to negotiate a contract with any of the selected firms, the contracting officer may select additional firms in order of their competence and qualifications and shall continue negotiations in accordance with this section until an agreement is reached.


(Apr. 8, 2011, D.C. Law 18-371, § 604, 58 DCR 1185.)

Section References

This section is referenced in § 2-356.02.


§ 2–356.05. Estimate of construction costs.

(a) An estimate of costs shall be prepared by the contracting officer for each proposed contract, contract modification, or change order to be issued in connection with a construction project and anticipated to exceed $100,000.

(b) The estimate shall be prepared in detail, as though the District were competing for the contract, and shall not be based solely on the estimates or actual costs of similar construction projects.

(c) The estimate shall be made available to the contracting officer for use in preparation of the contract solicitation and in the determination of price reasonableness in awarding a contract.

(d) Access to materials gathered or created for the estimate, and the overall amount of the estimate, shall be limited to District personnel or agents of the District whose official duties require knowledge regarding the estimate. These materials and the overall amount of the estimate shall not be disclosed, except as otherwise permitted by law.

(e) Within 90 days of October 8, 2016, the Mayor, pursuant to subchapter I of Chapter 5 of this title, shall issue rules to implement the provisions of this section.


(Apr. 8, 2011, D.C. Law 18-371, § 605; as added Oct. 8, 2016, D.C. Law 21-158, § 3(l), 63 DCR 10752.)

Emergency Legislation

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


§ 2–356.06. Use of project labor agreements for construction projects.

(a) The Mayor shall require, as part of a solicitation for a construction contract pursuant to this subchapter, that every contractor and subcontractor that will engage in the construction project agree to negotiate or become a party to a project labor agreement, for that project, with one or more labor organizations if:

(1) Use of a project labor agreement will advance the District's interest in producing labor-management stability, and ensuring compliance with laws and regulations governing safety and health, equal employment opportunity, labor and employment standards, and other matters;

(2) The project will require multiple construction contractors or subcontractors employing workers in multiple crafts or trades; and

(3) The total construction costs, not including planning or ongoing operations and maintenance, of the contract to the District is anticipated to be $75 million or more.

(b) A project labor agreement agreed to pursuant to subsection (a) of this section shall:

(1) Bind all contractors and subcontractors engaged in construction on the construction project to comply with the project labor agreement;

(2) Contain guarantees against strikes, lockouts, and similar job disruptions;

(3) Set forth effective, prompt, and mutually binding procedures for resolving labor disputes arising during the term of the project labor agreement;

(4) Provide other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality of work, safety, and health; and

(5) Include any additional requirements that the CPO considers necessary to promote the District's interest.

(c) The Mayor may waive the requirements of this section by issuing a determination and findings, posted on the Internet for at least 10 calendar days before advertising the solicitation, that:

(1) A project does not meet the criteria set forth in subsection (a) of this section; or

(2) A project labor agreement would be contrary to the interests of the District.

(d) This section shall not apply to a capital project that includes multiple public betterments or improvements pursuant to § 47-339.01(a)(2)(A); provided, that it shall apply to any public betterment or improvement that independently meets the requirements of subsection (a) of this section.


(Apr. 8, 2011, D.C. Law 18-371, § 606; as added Oct. 8, 2016, D.C. Law 21-158, § 3(m), 63 DCR 10752; Oct. 30, 2018, D.C. Law 22-168, § 1023, 65 DCR 9388.)

Applicability

Section 1024 of D.C. Law 22-168 repealed the applicability restriction impacting this section. Therefore the creation of this section by § 3(m) of D.C. Law 21-158 has been implemented.

Section 7017 of Law 22-33 amended section 5 of D.C. Law 21-158, retaining the applicability restriction affecting this section, therefore the creation of this section by D.C. Law 21-158 has not been implemented.

Applicability of D.C. Law 21-158: § 5 of D.C. Law 21-158 provided that the addition of section 606 of this section by § 3(m) 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 this section, see § 1023 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 1023 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

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).