ENROLLED ORIGINAL
AN ACT
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To amend, on a temporary basis, the Procurement Practices Reform Act of 2010 to ensure that
the Office of Contracting and Procurements retrospective analysis of emergency
procurements addresses a period of additional emergency procurement authority after the
expiration of the COVID-19 public health emergency; and the Public Emergency
Extension and Eviction and Utility Moratorium Phasing Temporary Amendment Act of
2021 to clarify the scope of that acts termination of emergency procurement authority.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
act may be cited as the Analyzing Additional Emergency Procurement Activity Temporary
Amendment Act of 2021.
Sec. 2. Section 204(b) of the Procurement Practices Reform Act of 2010, effective April
8, 2011 (D.C. Law 18-371, D.C. Official Code 2-352.04(b)), is amended as follows:
(a) Paragraph (17)(C) is amended by striking the word and at the end.
(b) Paragraph (18)(B)(iv) is amended by striking the period and inserting the phrase ;
and in its place.
(c) A new paragraph (19) is added to read as follows:
(19) To issue a report to the Mayor and the Council regarding emergency
procurements conducted between July 25, 2021, and the end of the additional emergency
procurement authority provided pursuant to the emergency executive order (Mayors Order
2020-045) issued in response to the novel 2019 coronavirus (SARS CoV-2), and any extensions
thereof (Review Period), no later than 3 months after the end of that emergency procurement
authority, that includes:
(A) A comprehensive listing of each emergency procurement conducted
during the Review Period, including:
(i) The date of contract award;
(ii) The source selection method, including whether the
procurement was competitively sourced;
(iii) The name and certified business enterprise status of the
awardee;
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(iv) The award amount;
(v) The category of goods or services procured; and
(vi) A description of the specific goods or services procured;
(B) A breakdown of expenditures by funding source, including the extent
to which funds have been reimbursed by the federal government, or are in process of
reimbursement;
(C) The value of goods or services procured by each agency during the
Review Period;
(D) A listing of inventory levels by product type as of the last day of the
Review Period;
(E) A list of any indefinite delivery, indefinite quantity contracts
awarded through emergency procurement during the Review Period, including the value of
orders placed against each such contract;
(F) A description of any changes between the emergency procurement
processes used during the Review Period and the emergency procurement process used during
the COVID-19 public health emergency immediately preceding the Review Period, including
any changes in the receipt of goods, quality assurance, and inventory and distribution steps;
(G) Any lessons learned or areas for improvement identified during the
Review Period in the effective management of emergency procurements;
(H) A plan for disposition of any excess supplies and equipment;
(I) Any changes during the Review Period to plans for retaining or
decommissioning warehouse space acquired during the Review Period or the COVID-19 public
health emergency immediately preceding the Review Period; and
(J) An analysis of emergency procurements with certified local, small, or
disadvantaged business enterprises, as defined in section 2302 of the Small and Certified
Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C.
Law 16-33; D.C. Official Code 2-218.02), including:
(i) The total value of procurements with certified business
enterprises relative to the total value of emergency procurements during the Review Period;
(ii) The number of emergency procurement contracts awarded to
certified business enterprises relative to the total number of emergency procurement contracts
awarded during the Review Period;
(iii) The number of distinct certified business enterprises that
received an emergency procurement award during the Review Period; and
(iv) An analysis of the types of goods or services the District
needed during the Review Period, when no more than 2 certified business enterprises were
capable of performing the contract requirements..
Sec. 3. Section 3(y)(2) of the Public Emergency Extension and Eviction and Utility
Moratorium Phasing Temporary Amendment Act of 2021, effective October 27, 2021 (D.C. Law
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24-39; 68 DCR 9487), is amended by striking the phrase public health emergency and
inserting the phrase public health emergency and public emergency in its place.
Sec. 4. Fiscal impact statement.
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
statement required by section 4a of the General Legislative Procedures Act of 1975, approved
October 16, 2006 (120 Stat. 2038; D.C. Official Code 1-307.47a).
Sec. 5. Effective date.
(a) This act shall take effect following approval by the Mayor (or in the event of veto by
the Mayor, action by the Council to override the veto), a 30-day period of congressional review
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
24, 1973 (87 Stat. 813; D.C. Official Code 1-206.02(c)(1)), and publication in the District of
Columbia Register.
(b) This act shall expire after 225 days of its having taken effect.
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Chairman
Council of the District of Columbia
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Mayor
District of Columbia
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