826. AGENCY SET-ASIDE AND PREFERENCE PROGRAM IMPLEMENTATION

826 AGENCY SET-ASIDE AND PREFERENCE PROGRAM IMPLEMENTATION When an entire solicitation has been placed in the small business enterprise (“SBE”) set-aside program pursuant to Sections 2344 and 2345 of the Act (D.C. Official Code §§ 2-218.44 and 2-218.45), the solicitation shall: State that it is a set-aside for SBE and certified business enterprise (“CBE”) offerors under the provisions of the Act; and Require that responses include a copy of the certification letter/email issued by the Department. (a) Once a solicitation has been placed in the SBE set-aside program as required by Sections 2344, 2345 and 2345a of the Act (D.C. Official Code §§ 2-218.44, 2-218.45, and 2-218.45a), the agency shall not remove it from the set-aside program unless: There are no SBEs that qualify for the procurement; The prices of the bids or proposals from SBEs are 12% or more above the likely price on the open market; or The removal is otherwise authorized by law. Each solicitation removed from the SBE set-aside program shall be posted on the Department’s website. Pursuant to Section 2345a of the Act (D.C. Official Code § 2-218.45a), a follow-on and renewable acquisition must obtain the Director’s approval to waive the SBE set-aside requirements. Each agency shall provide to the Department, if requested, the following types of procurement records: Small purchase sources; Term contracts; Blanket purchases orders; Repetitive or recurring procurement; and GSA Schedule procurement. If an agency with independent contracting authority, or the Office of Contracting and Procurement (“OCP”), intends to place a solicitation covered under Sections 2344, 2345 and 2345a of the Act (D.C. Official Code §§ 2-218.44, 2-218.45, and 2-218.45a) on the open market, the agency or OCP shall provide a written notice to the Department as soon as practicable that the agency intends to exclude the contract or procurement from its SBE set-aside program. The written notice shall be posted on the Department’s website and include, at a minimum, a description of: The steps taken to identify SBEs and CBEs that may be able to provide the goods or services; A list of all SBEs and CBEs that were contacted by the agency; The information contained in the written determination(s) required under Sections 2344 and 2345, if applicable; and If applicable, the agency’s request to the Director pursuant to Section 2345a to waive the SBE set-aside requirement for follow-on and renewable acquisitions. SOURCE: Final Rulemaking published at 39 DCR 9052 (December 4, 1992); as amended by Final Rulemaking published at 56 DCR 8439 (October 23, 2009), incorporating by reference text of Proposed Rulemaking published at 56 DCR 5622, 5641 (July 10, 2009); as amended by Final Rulemaking published at 70 DCR 010970 (August 11, 2023). District of Columbia Municipal Regulations Contracts and Procurement 27 DCMR § 826