{"data":{"id":"us-dc/d.c.-code-2-218.51","jurisdiction":"us-dc","citation":"D.C. Code § 2-218.51","heading":"Waiver of subcontracting requirements.","body":"(a)\nThe subcontracting requirements of § 2-218.46 may be waived only if there is insufficient market capacity for the goods or services that comprise the project and such lack of capacity leaves the contractor commercially incapable of achieving the subcontracting requirements at a project level. The subcontracting requirements of § 2-218.46 may only be waived in writing by the Director. An agency seeking waiver of the subcontracting requirements of § 2-218.46 shall submit to the Director a request for waiver, which shall include the following:\n(1)\nThe number of certified business enterprises, if any, qualified to perform the elements of work that comprise the project;\n(2)\nA summary of the market research or outreach conducted to analyze the relevant market; and\n(3)\nThe consideration given to alternate methods for acquiring the work to be subcontracted in order to make the work more amenable to being performed by certified business enterprises.\n\n(a-1)\nBefore the Director approves an agency’s waiver request, the Director shall:\n(1)\nSend an electronic notice to all certified business enterprises notifying them of the agency’s waiver request; and\n(2)\nPost a copy of the agency’s waiver request on the Department’s website, or such other locations as the Department may establish, for 10 days to provide the public reasonable notice of the waiver request.\n\n(b)\nIf the Director approves an agency's request for waiver of the subcontracting requirements of § 2-218.46 and grants such a waiver, the Director's determination shall set forth the information outlined in subsection (a) of this section.","path":["Title 2. Government Administration.","Chapter 2. Government Contracts and Business Development.","Subchapter IX-A. Small and Local Business Enterprise Development and Assistance.","Part D. Programs for Certified Business Enterprises.","Subpart 2. Requirements of programs."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/2-218.51","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"4ef46221d025584c473e4e8b036e650df9eec3ab41514b9b02cfbe01d8ef9910","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-2-218.50","next":"us-dc/d.c.-code-2-218.52"},"notice":"GroundRules: Original legal text. Not legal advice."}