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:             December 13, 2018

 

                               

               The following measures are placed on the agenda for the December 18, 2018 Additional Legislative Meeting:

 

§  Office of Public-Private Partnerships Delegation of Authority Clarification Emergency Declaration Resolution of 2018

§  Office of Public-Private Partnerships Delegation of Authority Clarification Emergency Amendment Act of 2018

 

               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.  Any OCP employee delegated authority of OP3 would follow OP3 rules rather than OCP rules.

 

               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).  The temporary version of the measure was adopted by the Council on second reading on September 24, 2018 and became official law on November 27, 2018 (D.C. Law 22-187).  Bill 22-911, the “Office of Public-Private Partnerships Delegation of Authority Amendment Act of 2018” was adopted on second reading by the Council on December 4, 2018 but will not become law until early in 2019 due to congressional review.  The permanent version contains a retroactive applicability of the delegation of authority back to January 1, 2017.  This earlier date was requested by the Mayor before second reading on the permanent bill.  This emergency legislation is necessary to effectuate the retroactive authority immediately by amending the current law, in effect on a temporary basis.  The permanent version of the legislation should become law before expiration of this emergency act.  The permanent act would then override the previous emergency and temporary acts.

 

Draft