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District of Columbia Code Division I. Government of District. § 2-218.51. Waiver of subcontracting requirements.

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) The subcontracting requirements of § 2-218.46 may be waived only if there is insufficient market capacity for the goods or services that comprise the project and such lack of capacity leaves the contractor commercially incapable of achieving the subcontracting requirements at a project level. The subcontracting requirements of § 2-218.46 may only be waived in writing by the Director. An agency seeking waiver of the subcontracting requirements of § 2-218.46 shall submit to the Director a request for waiver, which shall include the following:

(1) The number of certified business enterprises, if any, qualified to perform the elements of work that comprise the project;

(2) A summary of the market research or outreach conducted to analyze the relevant market; and

(3) The consideration given to alternate methods for acquiring the work to be subcontracted in order to make the work more amenable to being performed by certified business enterprises.

(a-1) Before the Director approves an agency's waiver request, the Director shall:

(1) Send an electronic notice to all certified business enterprises notifying them of the agency's waiver request; and

(2) Post a copy of the agency's waiver request on the Department's website, or such other locations as the Department may establish, for 10 days to provide the public reasonable notice of the waiver request.

(b) If the Director approves an agency's request for waiver of the subcontracting requirements of § 2-218.46 and grants such a waiver, the Director's determination shall set forth the information outlined in subsection (a) of this section.

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Cite this article: FindLaw.com - District of Columbia Code Division I. Government of District. § 2-218.51. Waiver of subcontracting requirements. - last updated January 01, 2024 | https://codes.findlaw.com/dc/division-i-government-of-district/dc-code-sect-2-218-51/

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