D.C. Mun. Regs. r. 27-1638

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

Rule 27-1638 - CONDUCT OF DISCUSSIONS WITH OFFERORS WITHIN THE COMPETITIVE RANGE

1638.1

The contracting officer shall ensure that, if discussions are held with any offeror within the competitive range pursuant to § 1636, discussions are held with all offerors in the competitive range.

1638.2

During discussions with offerors, the contracting officer shall do the following:

(a) Control all discussions;

(b) Advise each offeror of weaknesses and deficiencies in its proposal so that the offeror is given an opportunity to revise its proposal to satisfy the District's requirements;

(c) Attempt to resolve any uncertainties concerning the technical proposal and other terms and conditions of the proposal;

(d) Resolve any suspected mistakes by calling them to the offeror's attention as specifically as possible without disclosing information concerning other offerors' proposals or the evaluation process; and

(e) Provide each offeror a reasonable opportunity to submit any price, technical, or other revisions to its proposal that may result from the discussions.

1638.3

The contracting officer shall not assist an offeror to bring its proposal up to the level of other proposals through successive rounds of discussion, such as pointing out weaknesses resulting from the offeror's lack of diligence, competence, or inventiveness in preparing the proposal.

1638.4

The contracting officer shall not disclose technical information pertaining to a proposal that results in improvement of a competing proposal.

1638.5

The contracting officer shall not indicate to an offeror a price it must meet to obtain further consideration, advise an offeror of its standing relative to another offeror, or otherwise furnish information about any other offeror's prices.

1638.6

If, after discussions have begun, an offeror originally in the competitive range is no longer considered to be among the most highly rated offerors being considered for award, that offeror may be eliminated from the competitive range whether or not all material aspects of the proposal have been discussed, or whether or not the offeror has been afforded an opportunity to submit a proposal revision.

D.C. Mun. Regs. r. 27-1638

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.).