Sec. 451. special rules regarding certain contracts
549 words·~2 min read·
/statute-compilations/comps-709/sec-451A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## Sec. 451 special rules regarding certain contracts ###
(a)Contracts Extending Beyond One Year No contract involving expenditures out of an appropriation which is available for more than one year shall be made for a period of more than five years unless, with respect to a particular contract, the Council, by a two-thirds vote of its members present and voting, authorizes the extension of such period for such contract. Such contracts shall be made pursuant to criteria established by act of the Council. ###
(b)Contracts Exceeding Certain Amount ####
(1)In general No contract involving expenditures in excess of $1,000,000 during a 12-month period may be made unless the Mayor submits the contract to the Council for its approval and the Council approves the contract (in accordance with criteria established by act of the Council). ####
(2)Deemed approval For purposes of paragraph (1), the Council shall be deemed to approve a contract if— #####
(A)during the 10-day period beginning on the date the Mayor submits the contract to the Council, no member of the Council introduces a resolution approving or disapproving the contract; or #####
(B)during the 45-calendar day period beginning on the date the Mayor submits the contract to the Council, the Council does not disapprove the contract. ###
(c)####
(1)The District may enter into multiyear contracts to obtain goods and services for which funds would otherwise be available for obligation only within the fiscal year for which appropriated. ####
(2)If the funds are not made available for the continuation of such a contract into a subsequent fiscal year, the contract shall be cancelled or terminated, and the cost of cancellation or termination may be paid from— #####
(A)appropriations originally available for the performance of the contract concerned; #####
(B)appropriations currently available for procurement of the type of acquisition covered by the contract, and not otherwise obligated; or #####
(C)funds appropriated for those payments. ####
(3)No contract entered into under this subsection shall be valid unless the Mayor submits the contract to the Council for its approval and the Council approves the contract (in accordance with criteria established by act of the Council). The Council shall be required to take affirmative action to approve the contract within 45 days. If no action is taken to approve the contract within 45 calendar days, the contract shall be deemed disapproved.16 16Public Law 104–134, §134, added this subsection to section 451 of the “District of Columbia Self-Government and Governmental Reorganization Act of 1973”. Intent was probably to add this subsection to section 451 of this Act. ###
(d)Exemption for Certain Contracts The requirements of this section shall not apply with respect to any of the following contracts: ####
(1)Any contract entered into by the Washington Convention Center Authority for preconstruction activities, project management, design, or construction. ####
(2)Any contract entered into by the District of Columbia Water and Sewer Authority established pursuant to the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996, other than contracts for the sale or lease of the Blue Plains Wastewater Treatment Plant. ####
(3)At the option of the Council, any contract for a highway improvement project carried out under title 23, United States Code.