D.C. Mun. Regs. r. 27-4802

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

Rule 27-4802 - SOLICITED PROCUREMENTS: REQUESTS FOR QUALIFICATION

4802.1

Generally: The DC OP3 may issue a request for qualifications (RFQ). The RFQ provides for a process of qualification for private sector proposers to submit qualifications for a solicited project. The RFQ, if issued, will be issued after the completion of the RFI process, if an RFI was issued.

4802.2

Public Notice: A notice of an RFQ for a P3 project will be published in the District of Columbia Register, posted on the DC OP3 website, and mailed to each affected Advisory Neighborhood Commission. In addition, the notice of an RFQ may be published in any publication deemed appropriate by the DC OP3 to achieve the optimal level of private sector response and public awareness.

4802.3

Schedule: The DC OP3 will determine the time limit for submittal of qualifications based on the complexity and specialization of the project. The deadline for responses will be included in the RFQ.

4802.4

Minimum Required for Qualification: The DC OP3 will determine requirements for the qualification of a private entity. At a minimum, in order to be qualified to submit a bid under a request for proposals, a private entity shall demonstrate:

(a) The availability of sufficient sources of funding, capital, securities, or other financial resources necessary to carry out the P3 project if selected;

(b) The availability and identification of key personnel, either through its staff, subcontractors, a consortium or joint venture agreement, that possess the managerial, organizational, technical capacity and experience working on projects of similar scope, scale and complexity as the type of project for which the proposer would be submitting a bid;

(c) It will be qualified to lawfully conduct business in the District at the time of entering into a P3 agreement with the District; and

(d) No director, officer, partner, owner, or other individual with direct and significant control over the policy or finances of the private entity has been convicted of corruption or fraud in any jurisdiction of the United States.

4802.5

Other Requirements and Criteria for Qualification: The RFQ shall set forth any other requirements for qualification and the criteria that the DC OP3 will use to determine which private entities qualify.

4802.6

Certification of Qualification: For each private entity that responds to the RFQ, the DC OP3 will determine if the entity possesses the qualifications appropriate for the P3 project, according to evaluation criteria established in the RFQ under Subsections 4082.4 and 4082.5. The DC OP3 reserves the right to issue an RFP to a short list of the private entities that were deemed to possess the qualification appropriate for the P3 project, rather than issuing the RFP to all private entities that were deemed to possess the qualifications appropriate for the P3 project.

4802.7

Application Fee: The DC OP3 may, if deemed appropriate, impose an application fee for prequalification not to exceed the actual direct cost of evaluation. The specific amount of the fee will be stated in the RFQ. This fee, if collected, shall be deposited in the Public-Private Partnerships Administration Fund (the Fund) for the use by the DC OP3 for costs associated with the review of responses to RFQs.

4802.8

Modification and Cancellation of Request for Qualification: The DC OP3 retains the right to modify or cancel the RFQ process at any time for any reason.

4802.9

Use of Responses to Request for Qualification: Each response to an RFQ shall become the property of the District, and the District may use any information or concepts within the response for whatever purpose it deems appropriate.

4802.10

Proposer Presentations: The DC OP3 and Owner Agencies may communicate with those entities that provide responses to an RFQ or require them to give one or more oral presentations to clarify their responses and answer questions that will aid in the understanding and evaluation of the responses.

D.C. Mun. Regs. r. 27-4802

Final Rulemaking published at 63 DCR 13119 (10/21/2016)