D.C. Mun. Regs. tit. 5, r. 5-E3700

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

Rule 5-E3700 - GENERAL PROVISIONS

3700.1

The provisions of this chapter are adopted pursuant to the Educational Policy Amendments Act of 1980, D.C. Law 3-82.

3700.2

Except to the extent specifically reserved to the Board of Education by this chapter, the Superintendent of Schools, in furtherance of the responsibilities vested in him or her pursuant to law and Chapter 5 of this title, is delegated all authority to further the needs and interests of the school system by entering into procurement contracts and negotiated services agreements, subject to the provisions of this chapter.

3700.3

The Superintendent may redelegate in writing to subordinate officials of the school system authority vested in him or her by this chapter.

3700.4

Any redelegation by the Superintendent shall specifically identify the individual or individuals authorized, as contracting officers, to execute awards and to approve determinations and findings, consistent with this chapter, and to sanction procurement of supplies and services.

3700.5

The exercise of authority under this chapter shall be in accordance with the provisions of the Equal Opportunity for Local, Small, and Disadvantaged Businesses Enterprise Act of 1998(D.C. Law 12-268).

3700.6

The Board of Education, in complying with D.C. Law 12-268, is committed to an allocation of school system construction contracts and non-construction procurements for goods and services consistent with established annual goals.

3700.7

To ensure system-wide compliance with D.C. Law 12-268, the Superintendent shall submit the following reports to the Board

(a) An annual report on proposed annual system-wide Local, Small, and Disadvantaged Business (LSDBE) spending goals;

(b) An annual report on proposed plans for conducting outreach to increase the number of LSDBE vendors;

(c) A quarterly report on:

(1) the dollar volume and percentage of contracts and subcontracts awarded during the quarter to LSDBEs.

(2) Progress being made toward implementation of outreach efforts in order to meet annually established goals.

3700.8

The provisions of this chapter shall not be applicable to contracts for the lease, rental, or use of school buildings and grounds, which are governed by Chapter 35 of this title, pursuant to authority granted the Board by the District of Columbia Board of Education Leasing Authority Act of 1982, D.C. Law 4-158.

3700.9

Authority is vested in the Board of Education to enter into negotiations and binding contracts for capital construction projects authorized or begun in fiscal year 1990 or any succeeding fiscal year.

3700.10

Bids and proposals submitted under this authority shall be subject to the determination as to whether the offeror or bidder has business interests in the Republic of South Africa or Namibia. The determinations on bids and proposal shall be in accordance with D.C. Law 6-116, the "South Africa and Namibia Contracting Sanction Amendment Act of 1989."

D.C. Mun. Regs. tit. 5, r. 5-E3700

Final Rulemaking published at 30 DCR 3771 (July 29, 1983); as amended by Final Rulemaking published at 34 DCR 1425 (February 27, 1987); by Final Rulemaking published at 36 DCR 7290 (October 20, 1989); and by Final Rulemaking published at 38 DCR 7203 (November 29, 1991); as amended by Final Rulemaking published at 50 DCR 1903 (February 28, 2003)

D.C. Law 10-134, 41 DCR 2597 (May 13, 1994) repealed sanctions imposed on the Republic of South Africa by the Prohibition of the Investment of Public Funds in Financial Institutions and Companies Making Loan to or Doing Business with the Republic of South Africa or Namibia Act of 1983 (D.C. Law 5-50); and the South Africa and Namibia Contracting Sanction Amendment Act of 1986 (D.C. Law 6-116).

AUTHORITY: Unless otherwise noted, the authority for this chapter is § 405(b) of the District of Columbia Public Postsecondary Education Reorganization Act, 88 Stat 1423, D.C. Official Code § 38-1204.5(b) (2001); D.C. Official Code §§ 38-101 et seq.