District of Columbia Administrative Code

1610 PRICES FOR SERVICES PROVIDED UNDER THE DISTRICT’S TEMPORARY ASSISTANCE TO NEEDY FAMILIES (TANF) PROGRAM 1610.1 Notwithstanding the requirements of § 1612.1 of this chapter, effective on October 1, 2024, the Director sets the following prices to be paid to providers of servic…

1611 PRICES FOR SERVICES PROVIDED UNDER THE DISTRICT’S MEDICAID MANAGED CARE PROGRAM 1611.1 Notwithstanding the requirements of § 1612.1, for services provided under the District’s Medicaid Managed Care Program, for the period of October 1, 2018, through September 30, 2019, the D…

1612 SOURCE SELECTION 1612.1 Selection of a contractor through the use of CSPs shall be based on the following: (a) Cost or price competition among proposals that meet the District's minimum requirements stated in the solicitation; or (b) Competition involving an evaluation and c…

1613 EVALUATION FACTORS OF PROPOSALS 1613.1 The evaluation factors that will be considered in evaluating proposals shall be tailored to each procurement and shall include only those factors that will have an impact on the source selection decision. 1613.2 The contracting officer …

1614 PROGRAM OF ALL-INCLUSIVE CARE FOR THE ELDERLY (PACE) 1614.1 Notwithstanding the requirements of § 1612.1, for services provided under the District’s Medicaid Managed Care Program, for the period of October 1, 2020, through December 31, 2021, the Director sets the following m…

1615 REQUEST FOR QUALIFICATIONS BEFORE ISSUING A REQUEST FOR PROPOSALS 1615.1 The contracting officer may issue a request for qualifications (RFQ) before an RFP when the contracting officer determines that the RFQ process will be the most advantageous to the District. This select…

1616 ALTERNATIVE TECHNICAL CONCEPTS 1616.1 An RFP for the construction of a road, bridge or other transportation system, or a facility or structure appurtenant to a road, bridge, or other transportation system, may allow prospective contractors to submit alternative technical con…

1617 VISUAL QUALITY CONCEPTS 1617.1 An RFP for the construction of a road, bridge, or other transportation system, or a facility or structure appurtenant to a road, bridge, or other transportation system, may require offerors to submit visual quality concepts (VQCs) prior to the …

1618 [RESERVED] SOURCE: Final Rulemaking published at 35 DCR 1457 (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…

1619 [RESERVED] SOURCE: Final Rulemaking published at 35 DCR 1458 (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…

1620 [RESERVED] SOURCE: Final Rulemaking published at 35 DCR 1459 (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…

1621 PRE-PROPOSAL CONFERENCES 1621.1 The contracting officer may conduct a pre-proposal conference to brief prospective offerors after a solicitation has been issued but before offers are submitted. 1621.2 The contracting officer or designated representative shall: (a) Conduct th…

1622 CHANGES IN DISTRICT REQUIREMENTS 1622.1 When, either before or after receipt of proposals, the District increases, decreases or otherwise changes its requirements, the contracting officer shall issue a written amendment to the solicitation in accordance with § 1623. 1622.2 I…

1623 AMENDMENT OF SOLICITATION BEFORE CLOSING DATE 1623.1 After the issuance of a solicitation, but before the date set for receipt of proposals, the contracting officer may make changes in the solicitation to reflect any of the following: (a) Significant changes in quantity, spe…

1624 PROPOSAL SUBMISSION REQUIREMENTS 1624.1 The procedures for submitting proposals shall be in accordance with the RFP and requirements of § 1521 of this title. SOURCE: Final Rulemaking published at 35 DCR 1461 (February 26, 1988); as amended by Final Rulemaking published at 60…

1625 RECEIPT AND SAFEGUARDING OF PROPOSALS 1625.1 The procedures for receipt and handling of proposals shall be in accordance with the requirements of § 1526 of this title. SOURCE: Final Rulemaking published at 35 DCR 1461 (February 26, 1988); as amended by Final Rulemaking publi…

1626 [RESERVED] SOURCE: Final Rulemaking published at 35 DCR 1462 (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…

1627 LATE PROPOSALS, LATE MODIFICATIONS, AND LATE WITHDRAWALS 1627.1 Any proposal or modification to proposal received at the location designated in the RFP after the time and date set for receipt of proposals shall be considered "late" unless it was received prior to the contrac…

1628 [RESERVED] SOURCE: Final Rulemaking published at 35 DCR 1463 (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…

1629 DISCLOSURE AND USE OF INFORMATION BEFORE AWARD 1629.1 After receipt of proposals, the information contained in them and the number or identity of offerors shall not be made available to the public or to anyone in the District not required to have access to the information in…

1630 PROPOSAL EVALUATION 1630.1 The contacting officer shall evaluate each proposal using only the evaluation criteria stated in the RFP and in accordance with the weightings provided in the RFP. 1630.2 The contracting officer shall evaluate the cost or price to determine reasona…

1631 DISCLOSURE OF MISTAKES BEFORE AWARD 1631.1 The contracting officer shall examine all proposals before award for minor informalities or irregularities and apparent clerical mistakes. 1631.2 Limited exchanges to clarify or resolve ambiguities, apparent minor mistakes or irregu…

1632 SELECTION OF NEGOTIATION PROCESS 1632.1 After evaluation of the proposals using only the criteria stated in the RFP and in accordance with weightings provided in the RFP, the contracting officer may elect to proceed with: (a) Award of the contract without negotiations or dis…

1633 AWARD WITHOUT DISCUSSIONS 1633.1 Discussions are not necessary: (a) If prices are fixed by law or regulation; or (b) It can be clearly demonstrated from the existence of full and open competition or prior cost experience with the goods or services that acceptance of the most…

1634 NEGOTIATIONS WITH THE HIGHEST RANKED OFFEROR 1634.1 Pursuant to § 1632.1(b) or § 1632.1(d), the contracting officer may elect to proceed with negotiations with the highest-ranked offeror on price or technical matters within the scope of the RFP. 1634.2 During negotiations th…

1635 [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…

1636 DISCUSSIONS WITH OFFERORS WITHIN THE COMPETITIVE RANGE 1636.1 If the contracting officer elects not to award without discussions under § 1633, or not to negotiate with the highest ranked offeror before determining a competitive range under § 1634, the contracting officer may…

1637 DETERMINATION OF THE COMPETITIVE RANGE 1637.1 The competitive range shall be determined on the basis of price and other factors, in accordance with the evaluation criteria that were stated in the RFP, and shall include all of the most highly rated proposals. 1637.2 If all of…

1638 CONDUCT OF DISCUSSIONS WITH OFFERORS WITHIN THE COMPETITIVE RANGE 1638.1 The contracting officer shall ensure that, if discussions are held with any offeror within the competitive range pursuant to § 1636, discussions are held with all offerors in the competitive range. 1638…

1639 BEST AND FINAL OFFERS OF OFFERORS WITHIN THE COMPETITIVE RANGE 1639.1 Upon completion of discussions, the contracting officer shall issue to all offerors within the competitive range a request for best and final offers. 1639.2 The request for best and final offers shall incl…

1640 [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…

1641 PRICE NEGOTIATION WITH OFFERORS 1641.1 Among other areas of negotiations under § 1634 and discussions under §1638, the contracting officer may enter into price negotiations with the offeror with the intent of agreeing on a fair and reasonable price. 1641.2 The contracting of…

1642 SUBSTANTIATING OFFERED PRICES 1642.1 The contracting officer shall select whatever price or cost analysis techniques will ensure a fair and reasonable price. 1642.2 The contracting officer may request factual information reasonably available to the offeror to substantiate th…

1643 [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…

1644 CANCELLATION OF REQUESTS FOR PROPOSALS 1644.1 An RFP shall not be canceled unless the Director determines in writing that cancellation is in the best interest of the District. 1644.2 If an RFP is canceled before the date and time set for receipt of proposals, the contracting…

1645 PAYMENT OF STIPENDS 1645.1 Agencies may pay stipends to compensate one or more unsuccessful offerors for a portion of proposal development costs, the use of information contained in their proposals, and to encourage competition. 1645.2 Stipends shall be paid only to offerors…

1646 NOTIFICATIONS 1646.1 The contracting officer shall notify each offeror whose proposal is determined to be unacceptable before award unless disclosure might prejudice the best interest of the District. 1646.2 The contracting officer shall award a contract by transmitting writ…

1647 PREAWARD DEBRIEFINGS 1647.1 Offerors excluded from the competitive range or otherwise excluded from the competition before award may submit a written request for a preaward debriefing to the contracting officer. 1647.2 The contracting officer shall make reasonable efforts to…

1648 POSTAWARD DEBRIEFINGS 1648.1 If a contract is awarded on a basis other than price alone, the contracting officer shall provide a postaward debriefing for any unsuccessful offeror that submits a written request for a debriefing, unless the Director determines that to do so is…

1699 DEFINITIONS 1699.1 When used in this chapter, the following words and terms shall have the meanings ascribed: Alternate technical concept – a proposed change to a District-supplied base design configuration, project scope, design criterion, or construction criterion that the…

1700 SOLE SOURCE PROCUREMENT 1700.1 The contracting officer may award a contract through a sole source procurement when there is only one (1) source for the required goods or services. 1700.2 The contracting officer shall prepare a determination and findings (D&F) justifying the …

1701 SOLE SOURCE PROCUREMENT POSTING REQUIREMENTS 1701.1 The contracting officer shall publicize the District’s intent to enter into a sole source contract in accordance with the provisions of chapter 13 of this title. 1701.2 The contracting officer shall publicize all sole sourc…

1702 EMERGENCY PROCUREMENTS 1702.1 The contracting officer may award a contract on an emergency basis when there is an imminent threat to the public health, welfare, property, or safety, or to prevent or minimize serious disruption in District services or when an emergency condit…

1703 COMPETITION EXEMPTIONS 1703.1 The procurements that are exempt from competition cited in Section 413 of the Act (D.C. Official Code § 2-354.13) are not subject to the requirements of §§ 1700, 1701, and 1702. 1703.2 The exemption for artistic services or works of art, cited i…

1799 DEFINITIONS 1799.1 When used in this chapter, the following terms have the meanings ascribed: Director - the agency head of the Office of Contracting and Procurement (OCP) or the Chief Procurement Officer (CPO). Emergency Condition – A situation which creates a threat to pub…

1800 USE OF SMALL PURCHASE PROCEDURES 1800.1 The Director may use small purchase procedures for goods or services being procured if the total amount of the procurement does not exceed one hundred thousand dollars ($100,000). 1800.2 Requirements procured under this chapter shall n…

1801 DETERMINATION OF REASONABLE PRICE AND AWARD 1801.1 The contracting officer shall determine that the price to be paid for small purchases made pursuant to this chapter to the successful offeror is fair and reasonable. SOURCE: Final Rulemaking published at 35 DCR 1476 (Februar…

1802 BLANKET PURCHASE AGREEMENTS 1802.1 A blanket purchase agreement (BPA) is not a contract and may be established without a purchase requisition or the obligation of funds. 1802.2 The contracting officer may use a BPA as a small purchase procedure to fill anticipated repetitive…

1803 UNPRICED PURCHASE ORDERS 1803.1 The contracting officer shall use an unpriced purchase order only under the following circumstances: (a) When the transaction will not exceed the small purchase limit; (b) When it is impractical to obtain pricing in advance of issuance of the …

1804 MODIFICATION, TERMINATION, AND CANCELLATION OF PURCHASE ORDERS 1804.1 Each purchase order modification shall identify the order it modifies and shall contain an appropriate modification number. 1804.2 The contracting officer shall obtain a contractor's written acceptance of …