District of Columbia Administrative Code

1518 CANCELLATION OF INVITATIONS FOR BIDS BEFORE OPENING 1518.1 The contracting officer shall not cancel an IFB unless the Director determines in writing that cancellation is in the best interest of the District. 1518.2 If an IFB is canceled before bid opening, the contracting of…

1519 [RESERVED] SOURCE: As amended by Notice of Emergency and Proposed Rulemaking published at 59 DCR 3714 (March 6, 2012)[EXPIRED]; as amended by Notice of Final Rulemaking published at 59 DCR 6290, 6296 (June 1, 2012). AUTHORITY: DC-DCMR The Chief Procurement Officer of the Dis…

1520 [RESERVED] SOURCE: As amended by Notice of Emergency and Proposed Rulemaking published at 59 DCR 3714 (March 6, 2012)[EXPIRED]; as amended by Notice of Final Rulemaking published at 59 DCR 6290, 6296 (June 1, 2012). AUTHORITY: DC-DCMR The Chief Procurement Officer of the Dis…

1521 BID SUBMISSION REQUIREMENTS 1521.1 To be considered for award, a bid shall comply in all material respects with the IFB. 1521.2 Bidders shall complete and submit bids in accordance with the instructions in the IFB. 1521.3 Bidders shall submit bids so that they are received a…

1522 [RESERVED] SOURCE: Final Rulemaking published at 35 DCR 1428 (February 26, 1988); as amended by Notice of Emergency and Proposed Rulemaking published at 59 DCR 3714 (March 6, 2012)[EXPIRED]; as amended by Notice of Final Rulemaking published 59 DCR 6290, 6296 (June 1, 2012).…

1523 PRE-OPENING MODIFICATION OR WITHDRAWAL OF BIDS 1523.1 Bids may be modified or withdrawn by written notice received at the location designated in the IFB prior to the time and date set for bid opening. An electronic modification or withdrawal received from the bidder prior to…

1524 LATE BIDS, LATE WITHDRAWALS, AND LATE MODIFICATIONS 1524.1 Any bid received at the location designated in the solicitation after the time and date set for receipt of bids shall be considered a "late" bid unless it was received prior to the contract award and any of the follo…

1525 NOTICE TO BIDDERS OF LATE ACTIONS 1525.1 The contracting officer shall promptly notify the bidder if a bid, modification of bid, or withdrawal of bid is received late, and it is clear from available information that it cannot be considered. SOURCE: As amended by Notice of Em…

1526 RECEIPT AND SAFEGUARDING OF BIDS 1526.1 Upon its receipt, each bid and modification shall be time- and date-stamped but not opened, and shall be stored in a secure place until the date and time set for bid opening. Bids submitted through electronic means shall be received in…

1527 OPENING OF BIDS 1527.1 Bids and modifications shall be opened publicly, in the presence of one (1) or more witnesses, at the time, date, and location designated in the IFB. 1527.2 The name of each bidder, the bid price and such other information as the contracting officer de…

1528 POSTPONEMENT OF BID OPENING 1528.1 The contracting officer may postpone a bid opening until after the time scheduled for bid opening under the following circumstances: (a) If the contracting officer has reason to believe that the bids of an important segment of bidders have …

1529 RECORDING OF BIDS 1529.1 The contracting officer shall complete and certify the accuracy of the bid abstract prior to contract award. 1529.2 The contacting officer shall promptly publish the bid abstract on the Internet. SOURCE: Final Rulemaking published at 35 DCR 1432 (Feb…

1530 CANCELLATION OF AN INVITATION FOR BIDS AFTER OPENING 1530.1 An IFB may be canceled, or all bids rejected, only if the Director determines that the action taken is in the best interest of the District. If all bids have been rejected, the contracting officer shall cancel the s…

1531 NEGOTIATIONS AFTER CANCELLATION 1531.1 By determination, the Director may authorize the use of negotiations if an IFB is canceled after bid opening for any of the following reasons: (a) All otherwise acceptable bids received are at unreasonable prices, or only one (1) bid is…

1532 REJECTION OF INDIVIDUAL BIDS 1532.1 The contracting officer shall reject any bid that fails to conform to the essential requirements of the IFB. 1532.2 The contracting officer shall reject any bid that does not conform to the applicable specifications unless the IFB authoriz…

1533 ALL OR NONE QUALIFICATIONS 1533.1 Unless the solicitation provides otherwise, a bid may be responsive even though the bidder specifies that award will be accepted only on all, or a specified group, of the items. 1533.2 Bidders shall not be permitted to withdraw or modify an …

1534 [RESERVED] SOURCE: As amended by Notice of Emergency and Proposed Rulemaking published at 59 DCR 3714 (March 6, 2012)[EXPIRED]; as amended by Notice of Final Rulemaking published at 59 DCR 6290, 6304 (June 1, 2012). AUTHORITY: DC-DCMR The Chief Procurement Officer of the Dis…

1535 MINOR INFORMALITIES OR IRREGULARITIES IN BIDS 1535.1 The contracting officer may determine that it is in the best interest of the District to waive a minor informality or irregularity in a bid or to give a bidder an opportunity to cure the deficiency. The contracting officer…

1536 MISTAKES IN BIDS BEFORE AWARD 1536.1 After bid opening, the contracting officer shall examine each bid for mistakes. 1536.2 In cases of apparent mistakes and when the contracting officer has reason to believe that a mistake may have been made, the contracting officer shall r…

1537 MISTAKES IN BIDS AFTER AWARD 1537.1 If a mistake in a bid is not discovered until after award, the mistake may be corrected by contract amendment if correcting the mistake would be favorable to the District without changing the essential requirements of the specifications. 1…

1538 [RESERVED] SOURCE: As amended by Notice of Emergency and Proposed Rulemaking published at 59 DCR 3714 (March 6, 2012)[EXPIRED]; as amended by Notice of Final Rulemaking published at 59 DCR 6290, 6306 (June 1, 2012). AUTHORITY: DC-DCMR The Chief Procurement Officer of the Dis…

1539 [RESERVED] SOURCE: As amended by Notice of Emergency and Proposed Rulemaking published at 59 DCR 3714 (March 6, 2012)[EXPIRED]; as amended by Notice of Final Rulemaking published at 59 DCR 6290, 6306 (June 1, 2012). AUTHORITY: DC-DCMR The Chief Procurement Officer of the Dis…

1540 BID EVALUATION 1540.1 The contracting officer shall determine whether a prospective contractor is responsible and whether the prices offered are reasonable. 1540.2 Prompt payment discounts shall not be considered in the evaluation of bids. However, any discount offered shall…

1541 CONTRACT AWARDS 1541.1 The contracting officer shall award each contract to the responsible and responsive bidder whose bid meets the requirements set forth in the IFB, and is the lowest bid price or lowest evaluated bid price, considering only price and price-related factor…

1542 ECONOMIC PRICE ADJUSTMENTS 1542.1 If a solicitation does not contain an economic price adjustment clause, but a bidder proposes an adjustment clause with a ceiling that the price will not exceed, the contracting officer shall evaluate the bid on the basis of the maximum poss…

1543 RESOLVING TIE BIDS 1543.1 When two (2) or more low bids are equal in all respects, priority shall be given in the following order of priority to: (a) A certified small business enterprise certified by the DSLBD; and (b) A certified business enterprise other than a small busi…

1544 NOTICE OF CONTRACT AWARD 1544.1 The contracting officer shall send written notice of award to the successful bidder. 1544.2 The contracting officer shall publish notice of contract awards in accordance with the requirements of chapter 13 of this title. 1544.3 The contracting…

1545 [RESERVED] SOURCE: As amended by Notice of Emergency and Proposed Rulemaking published at 59 DCR 3714 (March 6, 2012)[EXPIRED]; as amended by Notice of Final Rulemaking published at 59 DCR 6290, 6308 (June 1, 2012). AUTHORITY: DC-DCMR The Chief Procurement Officer of the Dis…

1546 [RESERVED] SOURCE: As amended by Notice of Emergency and Proposed Rulemaking published at 59 DCR 3714 (March 6, 2012)[EXPIRED]; as amended by Notice of Final Rulemaking published at 59 DCR 6290, 6308 (June 1, 2012). AUTHORITY: DC-DCMR The Chief Procurement Officer of the Dis…

1547 [RESERVED] SOURCE: As amended by Notice of Emergency and Proposed Rulemaking published at 59 DCR 3714 (March 6, 2012)[EXPIRED]; as amended by Notice of Final Rulemaking published at 59 DCR 6290, 6308 (June 1, 2012). AUTHORITY: DC-DCMR The Chief Procurement Officer of the Dis…

1548 [RESERVED] SOURCE: As amended by Notice of Emergency and Proposed Rulemaking published at 59 DCR 3714 (March 6, 2012)[EXPIRED]; as amended by Notice of Final Rulemaking published at 59 DCR 6290, 6308 (June 1, 2012). AUTHORITY: DC-DCMR The Chief Procurement Officer of the Dis…

1549 [RESERVED] SOURCE: As amended by Notice of Emergency and Proposed Rulemaking published at 59 DCR 3714 (March 6, 2012)[EXPIRED]; as amended by Notice of Final Rulemaking published at 59 DCR _____ (June 1, 2012). AUTHORITY: DC-DCMR The Chief Procurement Officer of the District…

1550 TWO-STEP SEALED BIDDING 1550.1 A two-step sealed bidding method may be used for procurements requiring technical proposals, particularly those involving complex procurements. 1550.2 The two-step sealed bidding method shall be conducted as follows: (a) The first step shall in…

1551 CONDITIONS FOR USE OF TWO-STEP SEALED BIDDING 1551.1 The two-step sealed bidding method may be used when all of the following conditions are present: Available specifications or purchase descriptions are not definite or complete, or may be too restrictive without technical e…

1552 TWO-STEP BIDDING SOLICITATION 1552.1 Each request for technical proposals shall be publicized and distributed in accordance with chapters 13 and 16 of this title, and shall include, at least, the following: (a) A description of the goods or services required; (b) A statement…

1553 RECEIPT AND EVALUATION OF STEP ONE PROPOSALS 1553.1 Upon receipt of proposals, the contracting officer shall: (a) Safeguard the proposals against disclosure to unauthorized persons; (b) Accept and handle data with restrictive disclosure procedures in accordance with chapter …

1554 STEP TWO PROCEDURES 1554.1 Competitive sealed bidding procedures shall be followed except as follows: (a) An IFB shall be issued only to those bidders which submitted acceptable technical proposals in step one; (b) The IFB shall prominently state that a bidder shall comply w…

PAYMENT OF STIPENDS Agencies may pay stipends to compensate one or more unsuccessful bidders for a portion of bid development costs, the use of information contained in their bids, and to encourage competition. 1555.2 Stipends shall be paid only to bidders which have submitted re…

1556 REVERSE AUCTIONS 1556.1 The contracting officer may procure goods or services through reverse auctioning when it is determined that the reverse auction bidding method is the most effective and advantageous method for the District. 1556.2 The contracting officer may place any…

1599 DEFINITIONS 1599.1 When used in this chapter, the following terms have the meanings ascribed: Apparent clerical mistake - clerical or typographical mistake apparent on the face of a bid. Bid samples - a sample to be furnished by a bidder to show the characteristics of the pr…

1600 USE OF COMPETITIVE SEALED PROPOSALS 1600.1 If the contracting officer determines competitive sealed bidding is not practicable or advantageous to the District, a procurement may be conducted using the competitive sealed proposal (CSP) method. Proposals shall be solicited fro…

1601 SOLICITATIONS FOR INFORMATION AND PLANNING PURPOSES 1601.1 When information necessary for planning purposes cannot be obtained from potential sources by more economical and less formal means, the contracting officer may use a solicitation for information or planning. 1601.2 …

1602 PRESOLICITATION NOTICES AND CONFERENCES 1602.1 The contracting officer may use presolicitation notices and conferences as preliminary steps in procurements by CSP in order to accomplish any of the following: (a) Develop or identify interested sources; (b) Request preliminary…

1603 [RESERVED] SOURCE: Final Rulemaking published at 35 DCR 1447 (February 26, 1988); as amended by Final Rulemaking published at 60 DCR 1136 (February 1, 2013). AUTHORITY: DC-DCMR D.C. Code §§ 1-1181; 2-302.04; Mayor's Order 2002-207; Sections 204 and 1106 of the Procurement Pr…

1604 SOLICITATION OF PROPOSALS 1604.1 A request for proposals (RFP) shall be the solicitation used to communicate the District's requirements to prospective contractors when the CSP method is used. 1604.2 The contracting officer shall issue solicitations which contain all informa…

1605 REQUESTS FOR PROPOSALS IN THE SET-ASIDE MARKET 1605.1 Before the contracting officer restricts a CSP procurement to the small business set-aside market, the contracting officer shall determine that: (a) There is a reasonable expectation that proposals will be obtained from a…

1606 [RESERVED] SOURCE: Final Rulemaking published at 60 DCR 1136 (February 1, 2013). AUTHORITY: DC-DCMR D.C. Code §§ 1-1181; 2-302.04; Mayor's Order 2002-207; Sections 204 and 1106 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Of…

1607 [RESERVED] SOURCE: Final Rulemaking published at 35 DCR 1449 (February 26, 1988); as amended by Final Rulemaking published at 60 DCR 1136 (February 1, 2013). AUTHORITY: DC-DCMR D.C. Code §§ 1-1181; 2-302.04; Mayor's Order 2002-207; Sections 204 and 1106 of the Procurement Pr…

1608 UNSOLICITED PROPOSALS 1608.1 Unsolicited proposals may be considered by agencies in order to obtain innovative or unique methods or approaches to accomplishing their missions from sources outside the District. 1608.2 A valid unsolicited proposal shall meet all of the followi…

1609 EVALUATION OF UNSOLICITED PROPOSALS 1609.1 The agency shall consider the following factors when evaluating a valid unsolicited proposal: (a) Unique or innovative methods, approaches, or concepts demonstrated by the proposal; (b) Overall scientific, technical, or socio-econom…