D.C. Mun. Regs. tit. 22, r. 22-B9508

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 22-B9508 - COMPETITIVE SEALED BIDDING

9508.1

Competitive sealed bidding shall be the preferred procedure for the solicitation of bids for the procurement of supplies, services, or construction when the following conditions exist:

(a) Award will be made on the basis of conformance to the specifications and price-related factors;

(b) It is not necessary to conduct discussions with the responding bidders about their bids; and

(c) There is a reasonable expectation of receiving more than one sealed bid.

9508.2

A pre-bid conference may be held to brief prospective bidders after a solicitation has been issued, but before bids are submitted. The conference shall be announced to all prospective offerors known to have received a solicitation.

9508.3

Determination provided at the pre-bid conference does not change the terms or amend the solicitation.

9508.4

To be considered for award, a bid shall be required to comply with all the provisions of the solicitation.

9508.5

Bids shall be submitted so that they will be received in the office designated in the solicitation not later than the exact time set for receipt of bids. Bids/offers are mailed at the risk of the bidder and the preferred method of delivery is hand-delivery.

9508.6

A bidder may modify or withdraw its bid by submitting a written notice. The notice shall be received in the office designated in the solicitation before the time set for receipt of bids.

9508.7

All bids, bid withdrawals, and bid modifications shall be opened publicly in the presence of one or more persons at the time, date, and place indicated in the solicitation. The name of each bidder, the bid price, and such other information as is deemed appropriate by the CO shall be read aloud or otherwise made available.

9508.8

For purposes of this section, a "minor informality or irregularity" is one that is merely a matter of form and not of substance. It also relates to some immaterial defect in an offer which can be corrected or waived without being prejudicial to other bidders.

9508.9

Minor informalities or irregularities in bids submitted to the Hospital may be waived if the waiver of the deficiency is in the best interest of the Hospital.

9508.10

After the opening of bids, the Hospital shall examine each bid for mistakes.

9508.11

In cases of mistakes or in cases where there is reason to believe that a mistake may have been made, the bidder shall request a verification of the bid and the suspected mistake.

9508.12

If the bidder alleges a mistake, the matter shall be processed before award in accordance with the following:

(a) If the bidder submits a written notice of the alleged mistake within five business days;

(b) The authority to permit corrections of bids is limited to bids that, as submitted, are responsive to the CSB and shall not be used to permit correction of bids to make them responsive;

(c) Corrections of an apparent clerical mistake may be permitted before award; and

(d) A bidder may be permitted to withdraw a low bid in either of the following circumstances:

(1) If a mistake is clearly evident on the face of the bid document but the intended bid is not similarly evident; or

(2) If the bidder submits evidence which clearly and convincingly demonstrates that a mistake was made.

9508.13

When a bid is corrected or withdrawn, or correction or withdrawal is denied, the CO shall prepare a determination showing that the relief was granted or denied.

9508.14

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 Hospital without changing the essential requirements of the specifications.

9508.15

In addition to the cases contemplated in this section, or as otherwise authorized by law, if a mistake in a bid is not discovered until after award, one (1) of the following determinations shall be made:

(a) To reform a contract to delete the items involved in the mistake or to reform a contract to increase the price if the contract price, as corrected, does not exceed that of the next lowest acceptable bid under the original CSD;

(b) That no changes shall be made in the contract as awarded; or

(c) To terminate a contract.

9508.16

Determinations under this section shall be made only on the basis of clear and convincing evidence that a mistake was made by the contractor, and was so apparent as to have given the CO notice of the probability of the mistake.

9508.17

The Hospital shall include in the contract file a record of each determination made in accordance with this section, the facts involved, and the action taken.

D.C. Mun. Regs. tit. 22, r. 22-B9508

Final Rulemaking published at 41 DCR 4508, 4514 (July 8, 1994)