D.C. Mun. Regs. tit. 27, r. 27-4813
The District in its sole discretion may allow proposers to propose one or more alternative technical concepts in response to an RFP or RFAP.
The allowance of alternative technical concepts and the full details of the content, submission, evaluation criteria, review process, and approval of alternative technical concepts, procedures for confidential meetings and communications (if used), methods for evaluating alternative technical concepts, and any other requirements and procedures of the alternative technical concept process will be stated in an RFP or RFAP.
In general, approval of an alternative technical concept will only be granted if the District finds that the alternative technical concept will result in performance, safety, durability, quality, and utility of the end product that is equal to or better than the performance, safety, durability, quality, and utility of the end product that would result from full compliance with the requirements of the RFP or RFAP without causing any substantial delay to the schedule of, substantial additional cost to, or substantial reduction to the scope of the project or addition of a separate project.
A proposer's financial proposal shall reflect any approved alternative technical concepts that are included in the proposer's technical proposal.
Approval of an alternative technical concept does not imply that a proposal with an approved alternative technical concept will receive a favorable review. All proposals submitted in response to the RFP or RFAP shall be evaluated against the same evaluation factors, regardless of whether or not an approved alternative technical concept is included.
A proposer may incorporate one or more approved alternative technical concepts into its technical and financial proposal.
An approved alternative technical concept that is incorporated into a proposer's proposal will become part of the contract upon award of the contract unless the parties agree otherwise.
To the extent authorized by law, and except as provided in this subsection, an alternative technical concept properly submitted by a proposer and all subsequent communications regarding the proposer's alternative technical concept will be considered confidential prior to the award of the contract. Exceptions to the confidentiality protection may be set forth in the RFP or RFAP.
D.C. Mun. Regs. tit. 27, r. 27-4813