D.C. Mun. Regs. r. 21-5331

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 21-5331 - COMPETITIVE PROCUREMENT METHODS

5331.1

The sealed bid method includes publicizing the solicitation, issuing an Invitation for Bids ("IFB"), and the receipt of bids. The Authority may award a contract to the responsible bidder who submits the lowest responsive bid. The sealed bid method may be used if:

(a) There is an adequate and realistic specification or purchase description available;

(b) The award will be made on the basis of price and other price-related factors;

(c) It is not necessary to conduct discussions with the responding offerors about their bids; and

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

5331.2

The competitive proposal method includes both one-step and two-step proposal processes.

(a) The one-step process entails:

(1) The publicizing of the solicitation;

(2) The issuance of a Request for Proposals ("RFP"); and

(3) The receipt of proposals.

(b) The two-step process entails:

(1) The publicizing of the solicitation;

(2) The issuance of a Request for Qualifications ("RFQ");

(3) The receipt of Statements of Qualifications from interested offerors;

(4) The issuance of an RFP to a shortlist of offerors that have responded to the RFQ and are deemed most qualified; and

(5) The receipt of proposals.

(c) Under either process, the Authority may negotiate with offerors and seek revised offers. This procurement method may include a Request for Information or an Expression of Interest before the RFP or RFQ is publicized.

(d) In competitive proposal procurement, the Authority may award a contract to the offeror whose proposal is most advantageous to the Authority.

(e) The competitive proposal method may be used when time permits the solicitation, submission, and evaluation of proposals in one or more steps and one or more of the following circumstances apply:

(1) There is not a complete, adequate, and realistic specification or purchase description available;

(2) The award will be made on the basis of criteria in addition to price or price-related factors;

(3) It may be necessary to conduct discussions with the responding offerors about their proposals; or

(4) There is a reasonable expectation of receiving more than one Statement of Qualifications and/or proposal.

5331.3

All architectural and engineering ("A/E") services that are required to be performed by licensed, registered or certified professionals shall be procured on the basis of demonstrated competence and qualifications. After the A/E offeror has been selected, price shall be discussed. The Authority shall exclude an offeror from consideration if the parties cannot agree on a fair and reasonable price. This subsection shall not apply in the procurement of design-build services, or for any project delivery method in which the anticipated cost of A/E services is less than fifty percent (50%) of the anticipated cost of the project as a whole.

5331.4

The Authority may use multistep methods of procurement including, but not limited to, any combination of competitive methods such as the two-step sealed bidding and the advisory multi-step methods.

5331.5

The small purchases method is used for procurements with an estimated value less than the threshold established in the DC WASA Procurement Manual. Small purchases may be made considering price and the best interests of the Authority after seeking quotations from at least two sources.

5331.6

The small purchases method may be used for any purchases of commercial items.

5331.7

The small purchases method may be used for any purchases when time is of the essence (expedited purchases). Offers shall be sought from two or more sources and purchases may be made considering price and other factors.

5331.8

Competition may be limited to selected sources when it is determined that there are limited sources of supply to fulfill the Authority's requirements.

5331.9

The Authority may use the following procurement methods with other agencies:

(a) Joint Procurement: The Authority may participate in, sponsor, conduct, or administer a joint procurement agreement with one or more public bodies to increase efficiency or reduce administrative expenses.

(b) Rider Procurements: The Authority may purchase goods and services including construction if:

(1) A public body has entered into a contract for goods or services including construction according to general principles of competitive procurement; and

(2) The Authority is named or otherwise described in the list of agencies that may purchase under the contract.

(c) General Services Administration Schedule Purchases: The Authority may purchase goods or services including construction under schedule contracts awarded by the General Services Administration.

D.C. Mun. Regs. r. 21-5331

Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999); as amended by Final Rulemaking published at 56 DCR 4484 (June 12, 2009)

Authority: Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996, effective April 18, 1996, as amended (D.C. Law 11-111, §§ 203(3), (5), and (6) and 205(a)(3) and (7); D.C. Code §§ 34-2202.03(3), (5), and (6) and 34-2202.05(a)(3) and (7) ), and Board Resolution # 09-74