D.C. Mun. Regs. tit. 5, r. 5-D119

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

Rule 5-D119 - SEALED BIDDING

119.1

The solicitation used to initiate a procurement conducted by sealed bidding is known as an Invitation for Bids ("IFB").

119.2

If the Office issues an IFB, the Office shall allow prospective bidders a reasonable time to prepare and submit bids. Except in the event of an emergency, this time period shall be no less than ten (10) business days.

119.3

The evaluation factors used in sealed bid procurements are limited to price and price-related factors (including price evaluation preferences for CBEs).

119.4

The IFB shall specify:

(a) Any information necessary to explain how the Office will evaluate price (for example, whether option prices will be evaluated);

(b) Any price-related factors that will be evaluated and their relative importance in the overall evaluation scheme;

(c) A description of the goods or services sought (including quantity requirements);

(d) The contract delivery schedule;

(e) A description of any special qualification requirements the contractor must satisfy;

(f) Instructions for submitting bids (including the deadline for bid submission, the method(s) for submitting bids, any representations or certifications bidders must submit, and any requirements for the submission of items such as bid samples, subcontracting plans, or payment or performance bond);

(g) The period during which bids must remain open for acceptance; and

(h) The contract's terms and conditions.

119.5

Any changes in the information set forth in an IFB must be made by an amendment to the IFB.

119.6

Bids shall be submitted by a method specifically permitted by the IFB (for example, hand delivery, mailing, electronic transmission, or fax).

119.7

A bid may be withdrawn or modified at any time before bid opening by any of the methods permitted for submitting bids.

119.8

A late bid (or late modification or withdrawal) shall not be considered, except that the Office may accept a late modification to an otherwise successful bid that makes the bid more favorable to the Office. A late bid is any bid received after the bid date, unless such delay is caused by the Office.

119.9

The Contracting Officer shall prepare and maintain in the contract file an abstract listing the bid prices.

119.10

The contract shall be awarded to the qualified bidder whose bid is responsive to the IFB and is most advantageous to the Office considering only price and the price-related evaluation factors identified in the IFB.

119.11

To be considered responsive, a bid must comply in all material respects with the IFB. Responsiveness involves matters that relate to the bid itself as opposed to the responsibility or other qualifications of the bidder. In determining whether a bid is responsive, the Contracting Officer has the discretion to permit correction of minor informalities or irregularities.

119.12

The Contracting Officer shall endeavor to include with every IFB solicitation the form of the contract that the contractor will be required to enter into. To the greatest extent possible, the Office should endeavor to provide clear, concise contract documents. Contracts which consist of the solicitation, the proposal, and other documents attached together but not integrated into a single contract document are discouraged

D.C. Mun. Regs. tit. 5, r. 5-D119

Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010) [EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11206 (November 26, 2010)

Authority: The Director of the Office of Public Education Facilities Modernization, pursuant to section 702(b) of the District of Columbia Public Education Reform Amendment Act of 2007 (Act), effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-451(b)) (2007 Supp.).