(a) Utilization of the space described in § 4-903 for child care shall be subject to terms and conditions set forth by the Director of the Department of Administrative Services. The terms shall include payment of rent, proof of financial responsibility, and maintenance of space. The District government shall not be liable for negligent acts or acts of omission on the part of the child care facility operator, or its employees.

(b) Space for child care facilities shall first be made available to employees who wish to establish nonprofit child care facilities at a rate to be established by the Director of the Department of Administrative Services, based upon the actual cost to the District, or the average cost of District-controlled office space, whichever is less.

(c) Space for child care facilities may be made available to private organizations that wish to establish child care facilities in District government buildings.

(d) Rates for the rental of space in District buildings to be made available for child care facilities shall be established by the Director of the Department of Administrative Services, who shall attempt to keep these costs as low as possible so that fees paid by employees for child care services will not be substantially impacted by high overhead costs.

(e) Contracts with private organizations to provide child care services shall be competitively bid and awarded, and may include factors in addition to price, such as the provision of early childhood education programs, infant care, and other developmental models.

(f) The department or departments occupying any building shall notify the employee-occupants of the availability of space to be used for child care facilities no earlier than 180 days prior to the projected date of occupancy of a new building or space provided as the result of additions, alterations, or repairs that both change the use of 25% of the net square foot area of the building and include the addition to, alteration of, or repair of the 1st floor.

(g)(1) The space may be used for other purposes, as long as no permanent alteration of space occurs, if within 30 days after full occupancy of a new office building, or 30 days after completion of additions, alterations, or repairs to an existing District government building, the employee-occupants:

(A) Have not requested a child care needs review by the Bureau;

(B) Have not filed an application to be chartered as a nonprofit corporation for the purpose of organizing a child care facility;

(C) Have not deposited 2 months’ rent in a commercial bank or savings account; or

(D) Have not entered into a contract with the Department of Administrative Services.

(2) Other purposes may include, but are not limited to, conference rooms, storage rooms, or offices.

(h) The space may be reconverted for child care purposes within 180 days of the notice, if, at a later date, the employee-occupants:

(1) File an application to be chartered as a non-profit corporation for the purpose of organizing a child care facility;

(2) Deposit 2 months’ rent in a commercial bank or savings account; and

(3) Notify the Director of the Department of Administrative Services of those actions.

(i) Within 120 days of February 24, 1987, the Mayor shall promulgate proposed rules governing the operation of child care facilities in District government buildings. The proposed rules shall be submitted to the Council for approval, in whole or in part, by resolution.

(Feb. 24, 1987, D.C. Law 6-169, § 5, 33 DCR 7028.)

1981 Ed., § 3-904.

Delegation of authority pursuant to Law 6-169, see Mayor’s Order 87-139, June 16, 1987.