Chapter 5A. Department of General Services.
§ 10–551.01. Department of General Services; establishment.
(a) There is established, as a subordinate agency within the executive branch of the District government, the Department of General Services (“Department”), which shall be headed by a Director who shall carry out the functions and authorities assigned to the Department.
(b) The functions of the Department shall be to:
(1) Manage the capital improvement and construction program for District government facilities, including the modernization or new construction of District facilities by approving and authorizing decisions at every stage of modernization and new construction, including planning, design, procurement, and construction, in accordance with the approved Capital Improvement Plan;
(2) Acquire real property, by purchase or lease, for use by the District government;
(3) Manage space in buildings and adjacent areas operated and leased by the District government, assist District agencies in implementing space plans, and administer the employee parking program;
(4) Provide building services for facilities owned and occupied by the District government, including engineering services, custodial services, security services, energy conservation, utilities management, maintenance, inspection and planning, and repairs and non-structural improvements;
(5) Administer the disposition of District real and personal property through sale, lease, or other authorized method, and to exercise other acquisition and property disposition authority delegated by the Mayor; and
(6) Manage data and information needs pertaining to real property, including maintaining inventory records for tracking and controlling District-owned, controlled, and leased space.
§ 10–551.01a. Definitions.
For the purposes of this chapter, the term:
(1) "Department" means the Department of General Services.
(2) "LEED-CS" and "LEED-NC" shall have the same meanings as provided in § 6-1451.01(28) and (30)).
(3) "Net zero energy compliance" shall have the same meaning as provided in § 6-1451.02(a)(7)).
§ 10–551.02. Organization.
There are established 7 primary organizational functions in the Department as follows:
(1) Agency Management, which shall include the staff and organizational units needed to carry out the overall plan and direction for the Department, including coordination and management for information technology, resource allocation, human resources, procurement, fixed-cost forecasting for District facilities, and the administrative functions of the Department;
(2) Capital Construction, which shall:
(A) Implement and oversee the Department’s capital improvement program for District government facilities; and
(B) Execute the capital budget program, which includes the rehabilitation of existing real property facilities and construction of new facilities supporting the District;
(3) Portfolio Management, which shall coordinate:
(A) Lease administration;
(B) Allocation of owned and leased properties to District agencies;
(C) Property acquisition and disposition; and
(D) Rent collection from entities leasing District-owned or leased properties;
(4) Facilities Management, which shall coordinate the day-to-day operations of District-owned properties by:
(A) Maintaining building assets and equipment;
(B) Performing various repairs and non-structural improvements;
(C) Providing janitorial, trash and recycling pickup, postal, and engineering services; provided, that the District of Columbia Public Schools (“DCPS”) shall remain responsible for providing janitorial services at DCPS facilities; and
(D) Providing the services to DCPS facilities outlined in § 10-551.07f;
(5) Contracting and Procurement, which shall provide services and support in procuring for the District:
(A) The construction, architecture, and engineering services;
(B) The facilities maintenance and operation services;
(C) The real estate asset management services, including leasing and auditing;
(D) The utility contracts;
(E) The security services; and
(F) Such other services necessary or desirable to improve the effectiveness of the Department and advance the purposes of this chapter;
(6) Protective Services Division, which shall coordinate, manage, and provide security services for District government facilities through the use of special police officers and security officers, as defined in § 47-2839.01, civilian employees, or contractors; and
(7) Sustainability and Energy, which shall implement and oversee energy and sustainability efforts at District-owned properties including:
(A) Achieving compliance with building energy efficiency and net-zero-energy standards, as that term is defined in § 6-1453.01(a)(3), as required under District law;
(B) Ensuring that District-owned properties comply with sustainable waste management requirements under § 8-1031.04a, and developing and implementing waste diversion programs, including source reduction, recycling, reuse, composting, and other Zero Waste programs and services;
(C) Overseeing the environmental programs office established by § 38-825.01; and
(D) Providing direct guidance and support to other agency divisions and District agencies on adhering with legislative and regulatory energy and sustainability mandates and achieving other energy and sustainability goals.
§ 10–551.03. Director; appointment.
(a) The Director shall manage and administer the Department and all functions and personnel assigned thereto, including the power to redelegate to other employees and officials of the Department powers and authority as in the judgment of the Director are warranted in the interests of efficiency and sound administration.
(b) The Director shall be appointed by the Mayor with the advice and consent of the Council pursuant to § 1-523.01(a) and shall have extensive experience in construction project management or real property management.
§ 10–551.04. Transfers.
(a) All functions assigned, authorities delegated, positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available to the Department of Real Estate Services and the Office of Public Education Facilities Modernization are transferred to the Department.
(b) All functions assigned, authorities delegated, positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available for capital construction and real property management functions of other subordinate executive branch agencies, except for the District Department of Transportation, as the Mayor considers necessary to effectuate this chapter, are transferred to the Department.
(c) All functions assigned, authorities delegated, positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available to the Deputy Mayor for Planning and Economic Development for its asset management program, including the DC USA Garage, are transferred to the Department; provided, that with respect to funds which are deposited or held in special purpose revenue funds and fund the asset management program, the Deputy Mayor for Planning and Economic Development shall enter into a memorandum of understanding with the Department to pay for the asset management program, including the DC USA Garage, from such special purpose revenue funds.
§ 10–551.05. Inventory of real property assets.
(a) The Department shall maintain an inventory of all real property assets, based upon information provided by each District department, agency, and instrumentality under the executive control of the Mayor. The inventory shall be maintained by the Department on a centralized automated database. Information contained in the database for each property shall include the following:
(1) A detailed description of each real property asset;
(2) Facility condition assessments, which shall contain a proposed or actual annual budget for maintenance and deferred maintenance, and a detailed description and estimate of any needed repairs;
(3) The street address of the property;
(4) The property’s square and lot number;
(5) The current and prospective future use of the property;
(6) The area of the property in square feet and, if improved, the gross floor area, including the subsurface area and the number of stories of any building on the property;
(7) The current assessed value of the property and any improvements;
(8) The Ward and Advisory Neighborhood Commission boundary within which the property is located;
(9) Whether the real property is located within a historic district or is designated as a registered historic landmark under District or federal laws and, if so, the designation;
(10) Any study of the feasibility of initiating or expanding renewable energy generation, which shall include an analysis of the potential for capturing solar or other forms of renewable energy that is conducted pursuant to subsection (c-1) of this section.
(b) The Department shall make available to the public on its website a database of information of the inventory of all real property assets in a form substantially similar to that as maintained and used by the Department.
(c) The Department shall maintain a facilities condition assessment of all District-owned assets under the control of the Mayor on a rolling basis of over 5 years.
(c-1) The Department shall produce and publish on its website an analysis of the feasibility of initiating or expanding renewable energy generation, including an analysis of the potential for capturing solar or other forms of renewable energy at each District-owned property under the control of the Mayor on a rolling basis, with each property re-analyzed no less than once every 10 years.
(d) This section shall apply to improved commercial real property assets, whether occupied or unoccupied, and all real property assets that the Mayor has determined to be no longer needed for educational purposes and for which jurisdiction has been transferred to the Department of Real Estate Services for disposal.
(e) The Director shall submit to the Council an annual report indicating the changes in inventory no later than 30 days after the beginning of the fiscal year.
(f) For the purposes of this section, the term “real property asset” means real property titled in the name of the District or in which the District has an interest or jurisdiction and includes all structures of a permanent character erected thereon or affixed thereto.
§ 10–551.06. Green building priority.
Priority consideration for the District government's facility needs shall be given to buildings maintaining net zero energy compliance and to buildings fulfilling or exceeding the LEED-NC 2.2 standard or the LEED-CS 2.0 standard at the silver level.
§ 10–551.06a. Net zero energy construction and maintenance program.
(a) At least biennially, the Department shall host free training sessions for relevant Department employees, representatives of certified business enterprises in the industry, and interested outside parties on the:
(1) Principles of energy efficient construction applicable to net zero energy District buildings;
(2) Distinctive operational and maintenance needs of highly energy efficient buildings;
(3) Types of renewable energy generation systems used in District government buildings; and
(4) Distinctive operational and maintenance needs of renewable energy generation systems.
(b) No later than November 30 of each even-numbered year, the Department shall submit to the Council a report on certified business enterprise and resident employee participation in the Department's net zero energy and energy retrofitting projects, including, for the prior 2 fiscal years:
(1) A list of Department-managed net zero energy and energy retrofitting projects ongoing or completed during the prior 2 fiscal years whose cost to the District has exceeded or is planned to exceed $250,000;
(2) For each such project, the total estimated cost of such projects and the portion of that cost completed by, or estimated to be completed by, certified business enterprises;
(3) For each such project, the total or estimated total labor hours dedicated to such projects and the portion or estimated portion of those labor hours completed by District residents; and
(4) Copies of any approved certified business enterprise program waivers that the Department obtained for such projects.
§ 10–551.07. Representative program.
(a) The Director may contract for the services of a representative to provide real estate brokerage or real estate consulting services.
(b) Each contract for the services of a representative shall be awarded on a competitive basis to a qualified real estate professional in accordance with applicable procurement regulations.
(c) The representative shall perform an analysis of all aspects of the proposed contract or real-estate transaction, including the costs and benefits, and shall negotiate on behalf of the District; provided, that the representative shall not bind the District or direct District government employees and the terms of the contract shall be approved by the Director and, if applicable, the Council.
(d) Fees paid for the services of a representative may be paid by either party in a transaction, either as a percentage of the total contract value or a fixed dollar amount, according to the terms of the contract as negotiated between the District and the representative.
§ 10–551.07a. Establishment of the Facilities Service Request Fund.
(a) There is established within the General Fund of the District of Columbia a lapsing account to be known as the Facilities Service Request Fund (“Fund”). All funds received by the Department from non-District government tenants in District government facilities for facility- related services, including maintenance, janitorial, security, construction, or other services, provided by the Department in accordance with this chapter shall be deposited into the Fund.
(b) All funds deposited into the Fund, and any interest earned on those funds, shall revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of each fiscal year.
(c) The Fund shall be administered by the Department, and shall be used for facility-related services at real property owned or leased by the District of Columbia and under the control of the Department.
§ 10–551.07b. Establishment of the Department of General Services Stormwater Retention Credit Fund.
(a) There is established as a special fund the Department of General Services Stormwater Retention Credit Fund (“Fund”), which shall be administered by the Director in accordance with subsection (c) of this section.
(b) Revenue from the following sources shall be deposited in the Fund:
(1) Revenue received directly from the sale of a Stormwater Retention Credit (“SRC”) by the Director;
(2) Revenue received through lease of District property by the Department for the purpose of generating or selling a SRC;
(3) Revenue received through the lease of a stormwater best management practice on District property by the Department for the purpose of generating or selling a SRC;
(4) Revenue received from a third party intermediary for the authority to sell, or broker the sale of, a SRC generated on District property under the control of the Department; and
(5) Revenue received by the Department pursuant to a contract for the installation and maintenance of a stormwater best management practice on property or public space under the control of the Department.
(c)(1) Money in the Fund shall be used for the following purposes:
(A) To fulfill or exceed the District’s obligations pursuant to the MS4 Permit; and
(B) To install, operate, and maintain stormwater retention projects regulated by the District’s MS4 Permit.
(2) The Director may sell a SRC generated on District property under the control of the Department, upon the certification of the SRC by the District Department of the Environment.
(d)(1) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
(e) The Director shall publish on the Department’s website, at least annually, a report describing how money in the Fund has been spent, including the following information:
(1) The total amount of SRC payments deposited in the Fund to date;
(2) The total amount of money spent from the Fund to date;
(3) For each sub-drainage area or watershed, the aggregate values of SRC purchased per year; and
(4) For each of the stormwater best management practices installed using money from the Fund, the type of stormwater best management practice used by the facility, the number of gallons of stormwater retained by the facility, the sub-drainage or watershed location of the facility, and a summary of the capital and maintenance costs of the project.
(f) For the purposes of this section, the term:
(1) “MS4 Permit” shall have the same meaning as provided in § 8-151.01(15).
(2) “Stormwater best management practice” shall have the same meaning as provided in § 8-151.01(14).
(3) “Stormwater Retention Credit” shall have the same meaning as provided in 21 DCMR § 599.
§ 10–551.07c. Prevention of lead in drinking water at recreation facilities.
(a) For the purposes of this section, the term:
(1)(A) "Drinking water source" means a source of water from which a person can reasonably be expected to consume or cook with the water originating from the source.
(B) "Drinking water source" shall not include a source of water for which the Department of General Services posts a conspicuous sign pursuant to subsection (b)(3) of this section.
(2) "Recreation facility" means a Department of Parks and Recreation ("DPR") public facility regularly used by children.
(3) "Remediation steps" means, at a minimum, actions to:
(A) Decrease the elevated lead concentration in a drinking water source to 5 parts per billion or less; or
(B) Preclude people from consuming or cooking with water from a drinking water source.
(b) The Department of General Services ("Department") shall:
(1) Locate all drinking water sources at each recreation facility and install a barcode on each of the drinking water sources;
(2) Install a filter that reduces lead in drinking water on each drinking water source in each recreation facility and maintain the filters, at a minimum, in a manner consistent with the manufacturer's recommendations. Filters or all of the filter's component parts shall be certified for lead reduction to the National Sanitation Foundation ("NSF")/American National Standards Institute ("ANSI") Standard 53 for Health Effects or NSF/ANSI Standard 61 for Health Effects;
(3) Post a conspicuous sign near each water source at recreation facilities that is not a drinking water source, which includes an image that clearly communicates that water from the water source should not be used for cooking, where applicable, or consumed;
(4) Test all drinking water sources at each recreation facility for lead annually;
(5) If a test conducted pursuant to paragraph (4) of this subsection shows a lead concentration over 5 parts per billion:
(A) Shut off the drinking water source as soon as possible but no later than 24 hours after receiving the test result and keep the drinking water source shut off until a subsequent test shows that the lead concentration level is not over 5 parts per billion;
(B) Determine, in writing, which remediation steps should be implemented to address the elevated lead concentration level;
(C) Send the test results and remediation steps to the Director of DPR within 5 business days of receiving the test result;
(D) Update the list described in paragraph (6) of this subsection within 5 business days of receiving the test result to reflect the test result and remediation steps; and
(E) Notify the Director of DPR and update the list described in paragraph (6) of this subsection within 5 business days of completion of the remediation steps required by subparagraph (B) of this paragraph; and
(6) Publish on the Department's website a list of drinking water sources in each recreation facility that describes, for each drinking water source:
(A) The date and results of the most recent lead test performed;
(B) The date the current filter was installed;
(C) The date when the filter will next be replaced;
(D) The barcode identification number; and
(E) Any remediation steps that will be or have been taken.
(c) Within 120 days of September 23, 2017, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this section.
(d) Nothing in this section is intended to, or does, create a private right of action against any person or entity based upon compliance or noncompliance with its provisions. No person or entity may assert any claim or right as a beneficiary or protected class under this section in any civil, criminal, or administrative action against the District of Columbia.
§ 10–551.07d. Renewable energy generation at District-owned properties.
(a) Subject to the availability of funding, the Department shall initiate or expand renewable energy generation at every District-owned property under the control of the Mayor where doing so is found feasible by the analysis required by § 10-551.05(c-1).
(b) Notwithstanding subchapter IX-A of Chapter 2 of Title 2, or any other provision of District law or regulation, any contract entered into to implement this section, absent a waiver pursuant to § 2-218.51, shall:
(1) Be awarded to a qualified small business enterprise; provided, that if the Department determines that there are not at least 2 qualified small business enterprises that can provide the services or goods that are the subject of the contract, the Department may use any qualified certified business enterprise; or
(2) Require that at least 50% of the dollar volume of the contract shall be subcontracted to qualified small business enterprises; provided, that if there are insufficient qualified small business enterprises to meet the requirement and best efforts are made to ensure that qualified small business enterprises are significant participants in the overall subcontracting work, then the subcontracting requirement may be satisfied by subcontracting 50% of the dollar volume to any qualified certified business enterprise.
§ 10–551.07e. Government Space Maintenance and Repair Transparency Dashboard.
(a) Beginning no later than October 1, 2022, the Department shall publish a dashboard referencing all open District of Columbia Public School campus facility maintenance work orders not exempted by subsection (e)(2) of this section, updated at least weekly to reflect changes in work order status and newly opened work orders.
(b) Beginning no later than October 1, 2023, the Department shall update the previously established dashboard to include all open Department of Parks and Recreation facility maintenance work orders not exempted by subsection (e)(2) of this section, updated at least weekly to reflect changes in work order status and newly opened work orders.
(c) For purposes of complying with subsections (a) and (b) of this section, the Department shall utilize existing technological resources to the greatest extent feasible.
(d) For purposes of this section, the term "dashboard" means a publicly accessible online data interface that shares information on all facility maintenance work orders submitted to the Department, including at least the following information for each work order:
(1) The facility impacted;
(2) The location of the issue;
(3) A description of the type of issue;
(4) The individual or entity that reported the issue, if known and authorized to be disclosed by the individual or entity;
(5) The work order number;
(6) Any prioritization level that the Department or client agency has assigned;
(7) The status of the work order; and
(8) If the work order remains open, an estimated completion date.
(e)(1) For each District of Columbia Public School facility, the Department shall work with the principal or the principal's designee and members of the local school advisory team to conduct a comprehensive assessment of the facility's compliance with the following security objectives at least once per year:
(A) All interior doors to instructional and regularly used administrative spaces shall close automatically and lock securely;
(B) All exterior doors shall close automatically and lock securely;
(C) All exterior windows shall lock or latch from the interior in a manner that allows school personnel to secure the windows to prevent improper entry;
(D) Public address systems shall be clearly audible in all instructional and regularly used administrative spaces;
(E) Fire alarm systems shall be in full working order; and
(F) Security surveillance systems shall be fully operational, with properly installed and oriented cameras, intrusion alarms, and proper connections to a central security operations hub.
(2) The Department shall withhold work order data regarding any deficiency identified under paragraph (1) of this subsection, including security vulnerabilities at Department of Parks and Recreation facilities, from disclosure pursuant to subsections (a) and (b) of this section.
(3)(A) The Department shall transmit on a monthly basis to the chairperson of the Council committee with jurisdiction over the Department a status update on any work orders for which data has been withheld from public disclosure pursuant to paragraph (2) of this subsection.
(B) The Department shall present information withheld from public disclosure pursuant to paragraph (2) of this subsection to the Council at a closed-door briefing convened by the chairperson of the Council committee with jurisdiction over the Department.
(C) Council briefings held pursuant to this paragraph shall be exempt from the requirements of subchapter IV of Chapter 5 of Title 2.
§ 10–551.07f. DCPS facilities work order requests.
(a) The Department's Facilities Management Division shall:
(1) Provide relevant DCPS school-based staff with training at least annually in how to enter, track, and manage work order requests in CMMS;
(2) Ensure that relevant DCPS school-based staff receive automatic email notifications from CMMS regarding status changes for work order requests at the DCPS facility; and
(3)(A) Create a mechanism to collect feedback from relevant DCPS school-based staff on whether a work order request has been completed to the DCPS facility's satisfaction, which shall remain open for feedback for at least 14 calendar days from the date a work order request is deemed completed by the Department.
(B)(i) If the relevant DCPS school-based staff's feedback affirms that the work has been completed to their satisfaction, the Department may close the work order.
(ii) If the relevant DCPS school-based staff indicates that the work has not been completed satisfactorily, the work order shall remain open and shall be timely re-completed by the Department to the relevant DCPS school-based staff's satisfaction.
(iii) If the DCPS school-based staff fails to provide feedback within the 14-calendar-day timeframe, is physically unable to review the work, or believes that they lack sufficient training to assess the work, a Department representative shall verify that the work order has been completed based on a review of available evidence before closing the work order request.
(C) The Department shall keep records on the usage of the mechanism established by this paragraph and the number of instances in which a Department representative verified completed work.
(b) For purposes of this section, the term:
(1) "CMMS" means the Department's Computerized Maintenance Management System.
(2) "DCPS" means the District of Columbia Public Schools.
(3) "Relevant DCPS school-based staff" means the principal, building foreman, or other school staff member designated by the principal of a District of Columbia Public Schools facility.
§ 10–551.08. Rules.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of this chapter, including rules for the valuation of the factors to be considered under § 50-551.06.
§ 10–551.09. Transition.
To facilitate the establishment of the Department, the City Administrator is authorized to coordinate and implement the transition process for the Department. The City Administrator shall transmit to the Council, which shall approve or disapprove by resolution, an implementation plan for the new agency no later than September 1, 2011. The plan shall:
(1) Include an organizational chart;
(2) Identify redundant positions and functions; and
(3) Include a plan for transferring employees that details how many employees will be required to re-apply for new positions.
§ 10–551.10. See Forever Foundation — Evans Campus.
The Department shall have the authority to direct and manage the modernization or new construction of the See Forever Foundation — Evans Campus, as authorized funds become available.
