D.C. Mun. Regs. tit. 5, r. 5-D120

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

Rule 5-D120 - COMPETITIVE NEGOTIATION

120.1

The solicitation used to initiate a procurement conducted by competitive negotiation is known as a Request for Proposals ("RFP").

120.2

If the Office issues and RFP, the Office shall establish a reasonable deadline for offerors' submission of initial proposals.

120.3

The evaluation criteria used in procurements conducted by competitive negotiation include price or cost (including, but not limited to, hourly rates for services and fixed fees for cost reimbursement contracts) along with any other factors appropriate to the particular procurement (for example, the offeror's technical approach, past performance, or status as a CBE or plans for subcontracting with such enterprises).

120.4

The RFP may, if the Office deems it advisable, contain either an estimate that generally describes the price range contemplated by the Office or a funding limitation for the procurement.

120.5

The RFP shall specify all evaluation factors and their relative importance. The RFP should also include:

(a) A description of the goods, services, or scope of construction work sought (including quantity or estimated quantity);

(b) The contract delivery schedule (including any permitted variations in the delivery schedule);

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

(d) Instructions for submitting proposals including: the deadline for proposal submission, the method(s) for submitting proposals, the information to be provided in the proposal (including any requirements for past performance information or for subcontracting plans), and any representations or certifications the offeror must submit;

(e) The period during which proposals must remain open for acceptance; and

(f) The anticipated contract terms and conditions and the extent to which they are negotiable.

120.6

Any changes in the information set forth in an RFP must be made by an amendment to the RFP. Amendments shall be made no less than three (3) business days before the proposal submission date specified by the RFP.

120.7

Proposals shall be submitted by a method specifically permitted by the RFP.

120.8

The Office shall evaluate proposals based solely on the evaluation criteria specified in the RFP. Where past performance is an evaluation factor, the Office is not limited to considering only the information from references listed by the offeror.

120.9

After initial proposals have been evaluated, the Contracting Officer may:

(a) Make an award based on initial proposals; or

(b) Establish a competitive range consisting of those proposals that remain under consideration (or a single proposal that remains under consideration) and initiate discussions with competitive range offerors. A competitive range shall include all proposals that, in the Contracting Officer's judgment (erring on the side of the offeror), could be awarded the procurement.

120.10

Discussions with offerors may be written (including electronic) or oral. The primary objective of discussions is to maximize the Office's ability to obtain the best value based on the evaluation factors set forth in the RFP. The scope and extent of discussions are a matter of Contracting Officer judgment.

120.11

At the conclusion of discussions, the Contracting Officer shall request that all offerors that still remain under consideration submit best and final offers by a common cut-off date.

120.12

The contract shall be awarded to the qualified offeror whose offer is most advantageous to the Office under the RFP's evaluation criteria.

120.13

The Contracting Officer shall prepare documentation explaining the basis for the contract award decision which shall be maintained in the contract file.

120.14

The Contracting Officer shall endeavor to include with every RFP 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-D120

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, 11207 (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.).