Code of the District of Columbia

Subchapter III. Public School Capital Improvement Expenditure Accountability.


§ 38–2973.01. Establishment of Public School Modernization Advisory Committee. [Repealed]

Repealed.


(June 8, 2006, D.C. Law 16-123, § 201, 53 DCR 2843; June 12, 2007, D.C. Law 17-9, § 1010(e), 54 DCR 4102; Apr. 27, 2012, D.C. Law 19-124, § 501(o), 59 DCR 1862; May 2, 2015, D.C. Law 20-271, § 264(a), 62 DCR 1884.)

Effect of Amendments

D.C. Law 17-9 rewrote subsecs. (a), (b), (d), (f), and (g).

D.C. Law 19-124, in subsec. (f), substituted “§ 1-1162.24” for “§ 1-1106.02”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 401(o) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).

For temporary (90 days) repeal of this section, see § 264(a) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405).

For temporary (90 days) repeal of this section, see § 264(a) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).


§ 38–2973.02. Public School Modernization Advisory Committee functions and coordination with the Director of the Office of Public Education Facilities Modernization. [Repealed]

Repealed.


(June 8, 2006, D.C. Law 16-123, § 202, 53 DCR 2843; June 12, 2007, D.C. Law 17-9, § 1010(f), 54 DCR 4102; May 2, 2015, D.C. Law 20-271, § 264(b), 62 DCR 1884.)

Effect of Amendments

D.C. Law 17-9 rewrote the section.

Emergency Legislation

For temporary (90 days) repeal of this section, see § 264(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405).

For temporary (90 days) repeal of this section, see § 264(b) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).


§ 38–2973.03. Annual adoption of Capital Improvement Plan and Budget. [Repealed]

Repealed.


(June 8, 2006, D.C. Law 16-123, § 203, 53 DCR 2843; June 12, 2007, D.C. Law 17-9, § 1010(g), 54 DCR 4102; Mar. 3, 2010, D.C. Law 18-111, § 4072, 57 DCR 181.)

Emergency Legislation

For temporary (90 day) repeal, see § 4012 of Fiscal Year 2010 Budget Support Emergency Act of 2009 (D.C. Act 18-187, August 26, 2009, 56 DCR 7374).

For temporary (90 day) repeal, see § 4072 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) repeal, see § 4072 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).


§ 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).


§ 38–2973.05. Audit of capital improvement projects.

(a) No later than September 30, 2020, and every 3 years thereafter until the completion of all school modernization projects in the Capital Improvement Plan, the District of Columbia Auditor shall prepare a report to the public on the use of the capital funds by the District of Columbia Public Schools during the preceding fiscal years. The report shall include a school- and project-specific audit of all expenditures for school facility capital improvements, maintenance, repairs, and operating costs, and an assessment of whether the District has met the process, quality, schedule, and cost objectives of the Capital Improvement Plan and Budget.

(b) No later than September 30, 2017, and each year thereafter until the completion of all school modernization projects in the Capital Improvement Plan, except in a year where a report is issued pursuant to subsection (a) of this section, the District of Columbia Auditor shall examine not less than a sample of capital projects related to school modernizations and shall determine whether the District has met the process, quality, schedule and cost objectives of sampled projects, and provide a report to the Council and the public on the findings.


(June 8, 2006, D.C. Law 16-123, § 205, 53 DCR 2843; Aug. 17, 2016, D.C. Law 21-143, § 12, 63 DCR 7589.)

Emergency Legislation

For temporary (90 days) amendment of this section, see § 11 of Repeal of Outdated and Unnecessary Audit Mandates Emergency Amendment Act of 2016 (D.C. Act 21-403, May 21, 2016, 63 DCR 7925).