COUNCIL OF THE DISTRICT OF COLUMBIA

COMMITTEE OF THE WHOLE

1350 Pennsylvania Avenue, NW

Washington, DC 20004

 

                   

TO:                      Nyasha Smith, Secretary to the Council

                

FROM:               Phil Mendelson, Chairman                                                                                                                                             

                             

DATE:                September 27, 2018

 

                                  

               This memorandum is to request that the following measures be placed on the agenda for the October 2, 2018 Legislative Meeting:

 

• Office of Public-Private Partnerships Delegation of Authority Congressional Review Emergency Declaration Resolution of 2018
• Office of Public-Private Partnerships Delegation of Authority Congressional Review Emergency Amendment Act of 2018

 

               Bill 22-893, the “Office of Public-Private Partnerships Delegation of Authority Emergency Amendment Act of 2018” was adopted by the Council on July 10, 2018 (D.C. Act 22-435) and will expire on October 31, 2018.  Bill 22-894, the temporary version of the same measure, was adopted on second reading by the Council on September 18, 2018, however, it has not yet been signed by the Mayor or transmitted to Congress for its 30-day review.  The Mayor supports this legislation and the emergency bill.  A permanent version of the provision is contained in Bill 22-911, the “Office of Public-Private Partnerships Delegation and Council Review Amendment Act of 2018.” This bill is scheduled for a hearing on October 18, 2018.  A congressional review emergency act is necessary to prevent a gap in the law.

 

               The purpose of the underlying emergency legislation is to allow the Office of Public-Private Partnerships (OP3) to delegate its authority to an employee of the Office of Contracting and Procurement (OCP), and to allow such employees to carry out functions on behalf of the Office of Public-Private Partnerships in accordance with the Office of Public-Private Partnerships Act.  OP3 has already leveraged the significant experience and expertise of OCP in developing procurement rules and guidelines, as well as providing significant administrative assistance on its projects.  This legislation would clarify that OP3 may delegate its contracting authority to OCP employees, with the approval of OCP, so that OCP may continue to provide support for OP3.  Any OCP employee delegated authority of OP3 would follow OP3 rules rather than OCP rules.

 

               Draft