D.C. Mun. Regs. tit. 8, r. 8-B3016

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

Rule 8-B3016 - COMPETITIVE SEALED BIDDING

3016.1

The CCO has the discretion to determine which method of procurement to utilize in the purchase of supplies, services or construction. Competitive sealed bidding shall be the University's preferred method of contracting when the following conditions exist:

(a) Award will be made solely on the basis of price and price-related factors and conformance to specifications;

(b) It will not be necessary to conduct discussions with the bidders responding to the solicitation; and

(c) There is reasonable expectation of receiving more than one sealed bid.

3016.2

Each procurement by competitive sealed bidding shall be initiated by the issuance of an Invitation for Bid (IFB), which shall be publicized in accordance with Section 3002, and which shall include (i) a specification, statement of work, and/or purchase description, as appropriate, (ii) the time of delivery of the goods or services required by the University, and (iii) the deadline, place, and manner for submitting bids.

3016.3

After the issuance of an IFB, the IFB shall not change unless the CCO issues a written amendment to all prospective bidders to which the IFB was sent. The CCO shall distribute each amendment to all prospective bidders within a reasonable time to allow consideration of the information before submitting their offers. If a change to an IFB is so significant that it warrants complete revision, the CCO shall cancel the original IFB and issue a new IFB.

3016.4

Prior to the contract award, the CCO may cancel the IFB if the CCO determines that cancellation is in the best interest of the University. If an IFB is canceled, the CCO shall inform all parties which received the solicitation as soon as it practicable.

3016.5

To be considered for award, a bid shall be required to comply with all the requirements of the IFB.

3016.6

The CCO shall evaluate bids without discussions with bidders when the competitive sealed bidding method of procurement is utilized. Prior to award, the CCO shall have no discussions with bidders except at a conference of which all prospective bidders are informed.

3016.7

The CCO shall prescribe the manner in which bids shall be submitted..

3016.8

Bids shall be received in the office designated in the solicitation not later than the date and time set for receipt of bids. Bids not received by the set time shall be considered late.

3016.9

A bidder may modify or withdraw its bid by submitting a written notice to the CCO. The notice must be received in the office designated in the solicitation before contract award.

3016.10

All bids, withdrawals and modifications shall be opened publicly in the presence of one or more persons at the time, date and place specified in the solicitation. The name of the bidder, price, and other relevant information shall be read aloud and recorded on a bid summary.

3016.11

The CCO shall examine each bid for mistakes after the bid opening.

3016.12

The CCO shall have the discretion to waive minor informalities or minor irregularities in bids if waiver is in the best interest of the University. If the CCO has reason to believe that a mistake has been made relating to the terms of the bid, the CCO shall request the bidder to verify the bid and the suspected mistake.

3016.13

If the bidder confirms a mistake has been made or if a bidder alleges a mistake, the matter shall be processed before award in accordance with the following:

(a) If the CCO notifies a bidder of an alleged mistake, the bidder shall have until the deadline set by the CCO to submit a written notice and correction of the alleged mistake;

(b) If the bidder discovers a mistake in the bidder's bid or proposal, the bidder may submit a corrected bid or proposal no later than the date and time specified in the solicitation for the receipt of bids;

(c) The authority to permit corrections of bids is limited to bids that, as submitted, are responsive to the solicitation and shall not be used to permit correction of bids to make them responsive;

(d) Correction of an apparent clerical mistake may be permitted before award; and

(e) A bidder may be permitted to withdraw a low bid in either of the following circumstances:

(1) If a mistake is clearly evident on the face of the bid

document but the intended bid is not similarly evident; or

(2) If the bidder submits evidence which clearly and

convincingly demonstrate that a mistake was made.

3016.14

When a bid is corrected or withdrawn, or when the CCO denies the correction or withdrawal, the CCO shall prepare a determination showing that the relief was granted or denied.

3016.15

In addition to the circumstances contemplated in this section, or as otherwise authorized by law, if a mistake in a bid is not discovered until after award, one (1) of the following determinations shall be made by the CCO:

(a) To reform the contract to delete the items involved in the mistake or to reform the contract to increase the price if the contract price, as corrected, does not exceed that of the next most acceptable bid under the original IFB;

(b) That no change shall be made in the contract as awarded: or (c) To terminate the contract.

3016.16

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 contracting officer notice of the probability of the mistake.

3016.17

The CCO shall make a contract award by written or electronic notice to the responsive offeror whose bid, conforming to the IFB, will be most advantageous to the University, considering only price or price-related factors specified in the IFB.

3016.18

The CCO shall include in the contract file a record of each determination made in accordance with this section, the facts involved, and the action taken.

D.C. Mun. Regs. tit. 8, r. 8-B3016

Final Rulemaking published at 57 DCR 2630 (Mar. 2010)

Authority: D.C. Official Code § 38-1202.01 (2001 ed.)