D.C. Mun. Regs. tit. 22, r. 22-B9509

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

Rule 22-B9509 - COMPETITIVE SEALED PROPOSALS

9509.1

If competitive sealed bidding is not appropriate, offers shall be solicited through the competitive sealed proposals method.

9509.2

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

9509.3

Attendees shall be informed of the following:

(a) That remarks and explanations at the conference do not qualify or amend the terms of the solicitation; and

(b) That the solicitation and specification remain unchanged unless the solicitation is amended in writing.

9509.4

All proposals shall be received by the exact time and date set in the solicitation.

9509.5

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

9509.6

Each CSP shall include all of the evaluation factors, including price, and the relative importance of each factor. A statement shall be included in the CSP that the CO may conduct written or oral discussions with all offerors who submit proposals within a competitive range, but that initial proposals may be accepted without such discussions.

9509.7

The evaluation of each proposal shall be based on the evaluation factors established in the CSP. Numerical rating systems may be used by the Hospital, but are not required. Factors not specified in the CSP shall not be considered.

9509.8

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 offerors.

9509.9

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

9509.10

After the closing of proposals, each shall be examined for mistakes.

9509.11

In cases of mistakes or in cases where there are reasons to believe that a mistake may have been made, a request shall be made from the offeror for a verification of the proposal and call attention to the suspected mistake.

9509.12

If the offeror alleges a mistake, the matter shall be processed before award.

(a) The authority to permit corrections of proposals is limited to proposals that, as submitted, are responsible to the CSP and shall not be used to permit correction of proposals to make them responsive;

(b) Corrections of an apparent clerical mistake may be permitted before award.

(c) An offeror may be permitted to withdraw a proposal in either of the following circumstances:

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

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

9509.13

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

9509.14

When a mistake in a proposal is discovered 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.

9509.15

In addition to the cases contemplated in this section, or as otherwise authorized by law, when a mistake in a proposal is discovered after award, the CO shall make one (1) of the following determinations:

(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;

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

(c) To rescind a contract;

9509.16

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.

9509.17

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.

9509.18

The Hospital has the right to reject all proposals in whole or in part when it is determined that such action is in the best interest of the Hospital.

9509.19

The competitive range shall be determined on the basis of price and other factors, in accordance with the evaluation criteria stated in the solicitation, and shall include all proposals that have a reasonable chance of being selected for award. If there is doubt as to whether a proposal is in the competitive range, the proposal shall be included.

9509.20

Oral presentation or written clarification of technical information may be requested of the offeror.

9509.21

Negotiations may be held with offerors determined to be in the competitive range.

9509.22

If negotiations are not held, the following requirements shall be met:

(a) All offerors must have been notified of the possibility that an award might be made without negotiation; and

(b) The award must be made without further written or oral communications with any offeror.

9509.23

Upon completion of negotiation, the CO shall issue to all offerors within the competitive range a request for best and final offers.

9509.24

After receipt of best and final offers, negotiations will only continue if in the best interests of the Hospital.

9509.25

Any offer submitted as best and final offer should be considered complete and not subject to additional negotiation.

D.C. Mun. Regs. tit. 22, r. 22-B9509

Final Rulemaking published at 41 DCR 4508, 4516 (July 8, 1994)