D.C. Mun. Regs. tit. 27, r. 27-606

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 27-606 - SHELTERED MARKET SUBCONTRACTS

606.1

When an agency's sheltered market program includes placement of subcontracts in the sheltered market by one (1) or more of its prime contractors, those indirect placements shall be made in accordance with the provisions of this section.

606.2

Each solicitation for bids on the open market for contracts which include a percentage allocation of subcontracting opportunities to the sheltered market shall include a notice to bidders of the requirement for placement of certain subcontracts (or a percentage of all subcontracts or subcontract value) in the sheltered market.

606.3

All bids or offers on prime contracts covered by this section shall include the following:

(a) The name of the employee of the offeror or bidder who shall administer the subcontracting program and a description of the duties of the employee;

(b) A description of the efforts which the offeror or bidder shall undertake to ensure that certified MBE's will be able to compete for subcontracts or participate in a sheltered MBE subcontracting program; and

(c) A proposed plan for implementation of the MBE subcontracting goal or requirement of the prime contract, including a description of the records which will be kept and made available to the agency and Commission to show compliance with the sheltered market program aspect of the contract.

606.4

Each solicitation for bids shall state that no contract will be awarded until an acceptable plan is negotiated with the contracting officer and incorporated in the contract. Acceptable plans shall, in the opinion of the contracting officer, provide the maximum practicable opportunity for certified MBE participation in the performance of the contract.

606.5

Prime contractors awarded contracts containing MBE subcontractor requirements shall submit quarterly reports to the contracting agency for inclusion in that agency's quarterly report to the Commission. These reports shall be made on forms supplied by the Commission.

606.6

If it appears that a prime contractor has not complied with the MBE participation requirements of a contract, the Commission may institute a compliance review investigation. After the investigation, the Commission shall notify the contractor of its findings and recommendations for corrective measures. If the contractor fails to correct the deficiencies, the Commission may recommend that the contracting agency initiate sanctions or other action for breach of contract against the prime contractor.

D.C. Mun. Regs. tit. 27, r. 27-606

Final Rulemaking published at 26 DCR 2771, 2777 (December 21, 1979)