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COUNCIL OF THE DISTRICT OF COLUMBIA The John A. Wilson Building 1350 Pennsylvania Avenue, NW Washington, D.C. 20004
Statement of Introduction Proficient Procurement Amendment Act of 2025 June 11, 2025 I am proud to introduce the Proficient Procurement Amendment Act of 2025 along with Councilmember Matthew Frumin. This legislation would exempt District government procurements of vehicles and technology from certified business enterprise (CBE) requirements in the Small and Certified Business Enterprise Development and Assistance Act of 2005. Current law requires District agencies to award at least 35% of the dollar value of all non-construction contracts for government-assisted projects in excess of $250,000 to CBEs, reserve contracts under a certain value exclusively for CBEs, and meet strict subcontracting requirements for non-CBE prime contractors, including penalties for noncompliance. In limited scenarios, the Department of Small and Local Business Development (DSLBD) can approve waivers from CBE procurement requirements on a case-by-case basis, and frequently, if not always, approves waivers for vehicle or fleet procurements. However, without a waiver, agencies must navigate a complex system of CBEs and subcontractors, whose industry-based expertise in the highly regulated vehicle or technology markets is not guaranteed. This adds cost, delays delivery, and can diminish or void the value of warranties, insurance plans, or useful protections. Functionally, the current law creates local intermediaries that often force the District to forgo essential benefits that would otherwise be included with direct purchases of specialized goods, such as manufacturer’s warranties, guaranteed product replacement agreements, and low or no-cost repairs. When a District government agency purchases technology from an intermediary CBE, those warranties and agreements do not transfer to the District agency or employee using the technology product. I question the practicality and administrative efficiency of the status quo. This legislation addresses key operational and logistical issues related to CBE mandated procurement by exempting government agencies from CBE procurement requirements when purchasing vehicles or technology if: • There is insufficient market capacity for the vehicle(s) or technology sought; • Goods are not reasonably available through a certified business enterprise at a comparable price, performance level, or delivery timeline; • An agency would forgo a reasonable benefit attainable only through the purchase of the vehicle(s) or technology directly from the manufacturers, vendors, or suppliers; or • An exemption is necessary to meet an operational, local, or federal compliance requirement.
Christina Henderson Committee Member Councilmember, At-Large Human Services Chairperson, Committee on Health Facilities Transportation and the Environment
This legislation also maintains transparency and accountability by requiring agencies to report exempt vehicle and technology purchases in their annual procurement reports and file them with the Office of Contracting and Procurement (OCP) or the Council. Ultimately, this legislation aims maintain responsible stewardship of taxpayer dollars and government efficiency while ensuring that agencies have access to the tools and services necessary to effectively serve District residents. I look forward to working with my colleagues on the Council to pass this legislation.
______________________________ ______________________________ 1 Councilmember Matthew Frumin Councilmember Christina Henderson 2 3 4 5 6 A BILL 7 8 _______________ 9 10 11 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 12 13 _______________________ 14 15 To amend the Small and Certified Business Enterprise Development and Assistance Act of 2005 16 to exempt agency procurements of motor vehicles and technology from the requirements 17 of the act. 18 19 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 20 act may be cited as the “Proficient Procurement Amendment Act of 2025”. 21 Sec. 2. The Small and Certified Business Enterprise Development and Assistance Act of 22 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.01 et seq.), is 23 amended by adding a new section 2356 to read as follows: 24 “Sec. 2356. Procurement exemption for vehicle and technology purchases. 25 “(a) Notwithstanding any other provision of this act, an agency is excused from the 26 certified business enterprise and small business enterprise requirements to procure vehicles or 27 technology, if: 28 “(1) There is insufficient market capacity for the vehicle or technology sought, 29 such that the goods are not reasonably available through a certified business enterprise at a 30 comparable price, performance level, or delivery timeline; 31
“(2) Through procurement from a certified business enterprise, an agency would 32 forgo a reasonable benefit attainable only through the purchase of the vehicle or technology 33 directly from the manufacturer, vendor, or supplier; or 34 “(3) The procurement is necessary to meet an operational, local, or federal 35 compliance requirement. 36 “(b) An agency subject to the PPRA shall maintain accurate records of all procurements 37 exempted by this section and include a report of such records in their annual procurement 38 accountability filings to the Office of Contracting and Procurement. 39 “(c) An agency exempt from the PPRA shall maintain accurate record of all 40 procurements exempted by this section and submit such records to the Council by December 31 41 of each year, aggregated by: 42 “(1) Procurements under $250,000; and 43 “(2) Procurements exceeding $250,000. 44 “(d) For the purposes of this section, the terms: 45 “(1) Agency” means a department, office, board, commission, authority, or other 46 instrumentality of the District government. 47 “(2) “Technology” means computer and communication technology products, 48 services, or tools, including, the Internet and other communications networks, cellular devices, 49 software applications, data systems and storage, and other electronic content. 50 “(3) “PPRA” means Procurement Practices Reform Act of 2010, effective April 8, 51 2011 (D.C. Law 18-371; D.C. Official Code § 2-351.01 et seq.). 52 “(4) “Vehicle” means an automobile or motorcycle classified for on-highway 53 operation, electric vehicles, hybrid vehicles, or other alternative-fuel fleet vehicles.”. 54
Sec. 3. Fiscal impact statement. 55 The Council adopts the fiscal impact statement in the committee report as the fiscal 56 impact statement required by section 4a of the General Legislative Procedures Act of 1975, 57 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 58 Sec. 4. Effective date. 59 This act shall take effect following approval by the Mayor (or in the event of veto by the 60 Mayor, action by the Council to override the veto) and a 30-day period of congressional review 61 as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 62 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)). 63