D.C. Mun. Regs. r. 27-1609

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

Rule 27-1609 - EVALUATION OF UNSOLICITED PROPOSALS

1609.1

The agency shall consider the following factors when evaluating a valid unsolicited proposal:

(a) Unique or innovative methods, approaches, or concepts demonstrated by the proposal;

(b) Overall scientific, technical, or socio-economic merits of the proposal;

(c) Potential contribution of the effort to the agency's specific mission;

(d) The offeror's capabilities, related experience, facilities, techniques, or unique combinations of these which are integral factors for achieving the proposal objectives; and

(e) Qualifications, capabilities, and experience of the proposed team leader or key personnel who are critical to achieving the proposal objective.

1609.2

An agency shall return an unsolicited proposal to an offeror, citing reasons, when its substance meets any of the following criteria:

(a) It is available to the District without restriction from another source;

(b) It closely resembles a pending competitive requirement; or

(c) It does not demonstrate an innovative or unique method, approach, or concept.

1609.3

A favorable evaluation of an unsolicited proposal shall not, by itself, justify awarding a contract without full and open competition.

1609.4

The contracting officer may commence negotiations only when all of the following conditions are met:

(a) The unsolicited proposal has received a favorable comprehensive evaluation;

(b) The unsolicited proposal is not disqualified under the provisions of § 1609.2;

(c) The agency supports its recommendations with facts and circumstances that preclude competition, and has the necessary funds;

(d) The agency has obtained written approval from the Director; and

(e) The contracting officer has publicized the requirement in accordance with Chapter 13 of this title.

D.C. Mun. Regs. r. 27-1609

Final Rulemaking published at 35 DCR 1450 (February 26, 1988); as amended by Final Rulemaking published at 60 DCR 1136 (February 1, 2013)

Authority: Sections 204 and 1106 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code §§ 2-352.04 and 2-361.06 ) (2011 Repl.).