(a) Each agency, including an agency that contracts or procures in whole or in part through the Office of Contracting and Procurement, shall exercise its contracting and procurement authority so as to meet, on an annual basis, the goal of procuring and contracting 50% of the dollar volume of its expendable budget to qualified small business enterprises.

(a-1) If the agency determines in writing that there are not at least 2 qualified small business enterprises, the agency may use any qualified certified business enterprises to fulfill the requirements of subsection (a) of this section.

(a-2)(1) An agency that cannot meet the requirements of subsections (a) and (a-1) of this section shall notify the Mayor and shall be prohibited from spending its remaining expendable budget with non-small business enterprises or non-certified business enterprises.

(2) The Mayor may waive the prohibition set forth in paragraph (1) of this subsection and grant approval for the agency to spend its remaining expendable budget with non- small business enterprises or non-certified business enterprises.

(a-3) By October 1, 2015, and no later than October 1 of each succeeding year, an agency shall submit to the Department:

(1) A spending plan that details how an agency intends to spend its expendable budget with small business enterprises and certified business enterprises during the fiscal year; and

(2) An annual allocation letter signed by the agency director on a form prescribed by the Department that specifies the agency’s 50% expendable budget goal.

(b) Repealed.

(c) The provisions of this subchapter relating to contracting and subcontracting goals and requirements shall be applicable to every government-assisted project unless the Department, by regulation, establishes a specific exemption for a particular type or class of government-assisted project.

(Oct. 20, 2005, D.C. Law 16-33, § 2341, 52 DCR 7503; June 10, 2014, D.C. Law 20-108, § 2(r), 61 DCR 3892; Mar 11, 2015, D.C. Law 20-234, § 2(b), 62 DCR 458.)

This section is referenced in § 1-301.181, § 2-218.13, § 2-218.52, § 2-218.53, and § 2-218.54.

The 2014 amendment deleted “with small business enterprises” from the end of the section heading; substituted “its expendable budget to qualified” for “its goods and services, including construction goods and services, to” in (a); added (a-1); repealed (b); and added (c).

The 2015 amendment by D.C. Law 20-234 added (a-2) and (a-3).

For temporary (90 day) addition, see § 2341 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) repeal of D.C. Law 20-108, § 4(c), see § 7005 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) repeal of D.C. Law 20-108, § 4(c), see § 7005 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) repeal of D.C. Law 20-108, § 4(c), see § 7005 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Applicability of D.C. Law 20-108: Section 4(a) of D.C. Law 20-108 provided that applications pending as of June 10, 2014, shall not be subject to the provisions of the act.

Section 4(b) of D.C. Law 20-108 provided that, except as provided in § 2-218.46(f), contracts existing or pending as of June 10, 2014, shall not be affected by the provisions of the act.

Section 4(c) of D.C. Law 20-108 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

Section 4(c) of D.C. Law 20-108 was repealed by D.C. Law 20-155, § 7005.