{"data":{"id":"us-dc/d.c.-code-38-2973.04","jurisdiction":"us-dc","citation":"D.C. Code § 38-2973.04","heading":"Compliance with District, local, small and disadvantaged businesses contracting requirements.","body":"(a)\nThe Office of Public Education Facilities Modernization shall take all measures as shall be reasonably necessary to assure that all contracts entered into by the Office of Public Education Facilities Modernization or any agency or instrumentality of the Office of Public Education Facilities Modernization with respect to any project designated in the Facilities Master Plan shall comply with the requirements of subchapter IX-A of Chapter 2 of Title 2.\n\n(b)\nThe Office of Public Education Facilities Modernization shall take all measures as shall be reasonably necessary to assure that all contracts entered into by the Office of Public Education Facilities Modernization or any agency or instrumentality of the Office of Public Education Facilities Modernization with respect to each major phase of development and construction of any project designated in the Facilities Master Plan, including contracts for architectural, engineering, and construction services, shall provide that at least 35% of the work in the aggregate under such contracts shall be awarded to local business enterprises, small business enterprises, or disadvantaged business enterprises, as such terms are defined in § 2-218.02; provided, that if the 35% requirement is unattainable, the Office of Public Education Facilities Modernization shall report this to the Council for reconsideration.\n\n(c)\nThe Office of Public Education Facilities Modernization shall take all measures as shall be reasonably necessary to assure that all contracts entered into by the Office of Public Education Facilities Modernization or any agency or instrumentality of the Office of Public Education Facilities Modernization with respect to the development and construction of an any project designated in the Facilities Master Plan shall comply with First Source Employment requirements of subchapter X of Chapter 2 of Title 2.\n\n(d)\n(1)\nThe Office of Public Education Facilities Modernization shall take all measures as shall be reasonably necessary to assure that all contracts entered into by the Office of Public Education Facilities Modernization or any agency or instrumentality of the Office of Public Education Facilities Modernization with respect to the development and construction of any project designated in the Facilities Master Plan shall comply with the requirements of subchapter I of Chapter 14 of Title 32.\n(2)\n(A)\n50% of all apprenticeship hours performed pursuant to apprenticeship programs related to the construction and operation of any project designated in the Facilities Master Plan shall be performed by District of Columbia residents.\n(B)\nAny prime contractor or subcontractor that fails to make a good-faith effort to comply with the requirements of this paragraph shall be subject to a monetary fine in the amount of 5% of the direct or indirect labor costs of the contract. Fines shall be imposed by the Contracting Officer and remitted to the Department of Employment Services to be applied to job training programs, subject to appropriations by Congress.","path":["Title 38. Educational Institutions.","Chapter 29B. Public School Capital Spending.","Subchapter III. Public School Capital Improvement Expenditure Accountability."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/38-2973.04","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"c8afdc66866534b8573c8267cc14f28a89aae935dc617e3922c8d853aee9f21e","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-38-2973.03","next":"us-dc/d.c.-code-38-2973.05"},"notice":"GroundRules: Original legal text. Not legal advice."}