D.C. Mun. Regs. tit. 27, r. 27-1634

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

Rule 27-1634 - 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 the contracting officer shall do the following:

(a) Control all negotiations;

(b) Advise the offeror of deficiencies in its proposal so that the offeror is given an opportunity to satisfy the District's requirements;

(c) Attempt to resolve any uncertainties concerning the technical proposal and other terms and conditions of the proposal;

(d) Resolve any suspected mistakes by calling them to the offeror's attention as specifically as possible; and

(e) Provide the offeror a reasonable opportunity to submit any cost or price, technical, or other revisions to its proposal that may result from the negotiations.

1634.3

If a satisfactory contract cannot be negotiated with the highest-ranked offeror, the contracting officer may enter negotiations on price or technical matters within the scope of the RFP, as provided under §§ 1634.2 and 1634.3, with the lower-ranked offerors in order of ranking until a satisfactory contract can be awarded.

1634.4

If a contract cannot be negotiated, the contracting officer may reopen negotiations with any offeror with whom negotiations were terminated.

1634.5

If the contracting officer makes changes to the general scope of the RFP after negotiations, the contracting officer shall issue a request for best and final offers to all of the offerors which submitted proposals to the RFP.

1634.6

After evaluation of the best and final offers under § 1634.5, the contracting officer shall award to the highest-ranked offeror whose best and final offer is most advantageous to the District, considering only price and other factors included in the solicitation. The contracting officer may negotiate further with the highest-ranked offeror prior to award, provided that the terms of the contract are within the scope of the RFP.

D.C. Mun. Regs. tit. 27, r. 27-1634

Final Rulemaking published at 60 DCR 1136 (February 1, 2013)

Authority: Sections 204 and 1106 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code §§ 2-352.04 and 2-361.06) (2011 Repl.).