D.C. Mun. Regs. r. 27-4620

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

Rule 27-4620 - COMPETITIVE NEGOTIATIONS

4620.1

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

4620.2

If the Contracting Officer issues an RFP, the Contracting Officer shall establish a reasonable deadline for offerors' submission of initial proposals.

4620.3

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 CBEs).

4620.4

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

4620.5

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.

4620.6

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.

4620.7

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

4620.8

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

4620.9

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, which shall include all proposals that, in the Contracting Officer's judgment (erring on the side of the offeror), could be awarded the procurement.

4620.10

The Contracting Officer may begin discussions with only the top three ranked offerors in the competitive range. Discussions with the offerors may be written (including electronic) or oral. The primary objective of discussions is to maximize the Hospital'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.

4620.11

At the conclusion of discussions, the Contracting Officer shall request that the offerors submit best and final offers by a common cut-off date. If the Contracting Officer is unable to award a contract after best and final offers have been evaluated and negotiated, the Contracting Officer may proceed to negotiate with the next three highest ranked offerors. The Contracting Officer may proceed to select a contractor by the method set forth in this subchapter until a contract is awarded or the solicitation cancelled.

4620.12

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

4620.13

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

4620.14

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 Contracting Officer 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. r. 27-4620

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8507 (October 8, 2010)[EXPIRED]; as amended by Notice of Emergency and Proposed Rulemaking published at 58 DCR 3086 (April 18, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 4565, 4587 (May 27, 2011)

Authority: The Board of Directors of the Not-for-Profit Hospital Corporation (Board), pursuant to authority granted by sections 105(a), 106(6), and 111 of the Not-for-Profit Hospital Corporation Establishment Emergency Amendment Act of 2010 (Act), effective July 7, 2010 (D.C. Act 18-476; 57 DCR 6937 (August 6, 2010), and applicable sections of any subsequent substantially identical emergency, temporary, or permanent legislation.