Phil Mendelson
Chairman
COUNCIL OF THE DISTRICT OF COLUMBIA
1350 PENNSYLVANIA AVENUE,
N.W
WASHINGTON, D.C. 20004
January 24, 2023
Office: (202) 724-8032
Fax: (202) 724-8085
STATEMENT UPON INTRODUCTION
CONTRACTOR PAYMENTCONTROL AMENDMENT ACT OF 2023
Today I am introducing the Contractor Payment Control Amendment Act of2023 to make
clear
in the law that the Chief Financial Officer, and others, cannot approve payments for goods
or services under contracts that have not been approved by the Council. Longstanding law in the
District requires that all contracts
exceeding $1 million for goods or services must be submitted
for approval by the Council.
The genesis for the Contractor Payment Control Amendment Act o/'2023 are two food
service contracts for the DC Public Schools that were only recently submitted to the Council.
They were both executed as letter contracts
in June but were not submitted to the Council for six
months.
In fact, they were submitted so late in Council Period 24 that they had to be
reintroduced last week.
Even though neither contract had been submitted to the Council for approval,
DCPS has
been paying the vendors -a total
of $6.265 million as of December l 0
th (the contracts were
submitted after then).
The
DCPS food service contracts have been controversial in the past. Indeed, parents
complain to the Council about the quality
of meals in DC Public Schools. But when the
contracts are withheld from the Council until halfway through the school year, parents and
policymakers are denied meaningful opportunity to
comment or seek improvement.
Current law states that no agency director, agency fiscal officer, or
other employee may
approve disbursements without appropriate authorization.
That would include Council approval
of the contracts. But presumably the DCPS Chancellor, the DCPS fiscal officer, and the city's
Chief financial Officer don't agree, so the Contractor Payment Control Amendment Act of 2023
will clarify that the role of the Council must be respected.
The Contractor Payment Control Amendment Ac/ c~/'2023 should make it harder for
Executive agencies to disregard the Council and disrespect parents. 1
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Chairman Phil Mendelson 2
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A BILL 6
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 12
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To amend section 47-355.02 of the District of Columbia Official Code to prohibit payments in 17
excess of $1 million to vendors under a contract that has not yet been approved by the 18
Council. 19
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BE IT ENACTED BY THE COUNCIL OF TH E DISTRICT OF COLUMBIA, That this 21
act may be cited as the “Contractor Payment Control Amendment Act of 2023”. 22
Sec. 2. Section 47-355.02 of the District of Columbia Official Code is amended by 23
adding a new paragraph (3A) to read as follows: 24
“(3A) Approve any disbursement of funds pursuant to a contract that exceed an 25
aggregate amount of $1 million, unless such contract has been approved by the Council pursuant 26
to section 451 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 27
Stat. 803; D.C. Official Code § 1-204.51);” 28
Sec. 3. Fiscal impact statement. 29
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 30
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 31
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 32
Sec. 4. Effective date. 33
This act shall take effect following approval by the Mayor (or in the event of veto by the 34 2
Mayor, action by the Council to override the veto), a 30-day period of congressional review as 35
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 36
24, 1973 (87 Stat. 813; D.C. Official Code §1-206.02(c)(1)), and publication in the District of 37
Columbia Register. 38