D.C. Mun. Regs. r. 27-4721

Current through Register Vol. 71, No. 24, June 14, 2024
Rule 27-4721 - COMPETITIVE NEGOTIATION
4721.1

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

4721.2

If the Department issues an RFP, the Department shall establish a reasonable deadline for offerors' submission of initial proposals. Proposals shall be solicited from the maximum number of qualified sources consistent with the nature of goods and services which are the subject of the procurement.

4721.3

The evaluation criteria used in procurements conducted by competitive negotiation or competitive sealed proposals 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 such enterprises).

4721.4

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

4721.5

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:
(1) The deadline for proposal submission;
(2) The method(s) for submitting proposals;
(3) The information to be provided in the proposal, including any requirements for past performance information or for subcontracting plans; and
(4) 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.
4721.6

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.

4721.7

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

4721.8

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

4721.9

After initial proposals are 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, or a single proposal that remains under consideration, and initiate discussions with competitive range offerors. A competitive range shall include all proposals that, in the Contracting Officer's judgment, erring on the side of the offeror, could be awarded the procurement.
4721.10

If the Contracting Officer elects to enter into discussions, such discussions shall be undertaken with offerors in the order of ranking of the prospective offerors based on the criteria for evaluation set forth in the RFP. Discussions with offerors may be written, including electronic or oral. The primary objective of discussions is to maximize the Department'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's judgment. The Contracting Officer may re-open negotiations with any prospective contractor with which it has terminated discussions.

4721.11

After the proposals are submitted, the Contracting Officer may make changes to the general scope of the RFP and shall request that all offerors submit best and final offers by a common cut-off date.

4721.12

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

4721.13

The Contracting Officer shall prepare documentation explaining the basis for the contract award decision which shall be maintained in the contract file. The contract shall be awarded by written notice to the responsive and responsible bidder whose proposal is most advantageous to the District.

4721.14

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 Department should endeavor to provide clear and 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. 27-4721

Notice of Emergency and Proposed Rulemaking published at 58 DC 8805 (October 14, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 59 DCR 985, 1006 (February 10, 2012)
Authority: The Interim Director of the Department of General Services (Department), pursuant to section 1106(a)(2) of the Procurement Practices Reform Act of 2010, effective April 8, 2011(D.C. Law 18-371; D.C. Official Code § 2-361.06(a)(2) )(2011 Repl.); sections 1025(a) and 1029 of the Department of General Services Establishment Act of 2011, effective September 14, 2011(D.C. Law 19-21; 58 DCR 6226); and Mayor's Order 2011-168, dated October 5, 2011.