Code of the District of Columbia

§ 2–361.01. Green procurement.

*NOTE: The amendments made to this section by D.C. Law 24-16 shall apply as of January 1, 2023, pursuant to § 7213 of D.C. Act 24-159.*

(a) Except for emergency procurements, before entering into any contract in excess of $ 100,000, the District shall perform an analysis to determine the availability and competitiveness of EPPS, and shall issue an environmental certification to demonstrate, to the maximum extent practicable, the purchase of an EPPS.

(b)(1) An environmental certification shall be issued pursuant to subsection (a) of this section if:

(A) The statement of work includes a statement from DOEE confirming that the procurement includes EPPS to the maximum extent practicable; or

(B) The statement of work includes a statement from DOEE waiving the requirement that the procurement includes EPPS.

(2) DOEE may waive the requirement that the procurement includes EPPS if it is not practicable due to cost, availability, or other grounds.

(3) DOEE may exempt categories of procurements from the requirements of this section through publication on its website.

(c)(1) District government procurement staff shall ensure that EPPS requirements, including the environmental certification required by subsection (a) of this section, are accounted for in the contract package.

(2) District government procurement staff and agency program staff shall ensure that the contractor is fulfilling the EPPS requirements of the contract.

(3) EPPS requirements and implementation guidelines shall be incorporated into OCP trainings and training materials for procurement personnel, including the procurement training institute established pursuant to § 2-352.06.

(d) Within one year after December 24, 2013, and annually thereafter, OCP shall prepare and submit to the Council a report detailing the progress of this policy, including the following elements:

(1) Total contracting amount, and percentage of contracting amount, spent on EPPS;

(2) Successes and challenges to implementing the policy; and

(3) Changes to policies or standards.