D.C. Mun. Regs. r. 27-4803
Current through Register Vol. 71, No. 24, June 14, 2024
Rule 27-4803 - SOLICITED PROCUREMENTS: REVIEW OF DRAFT REQUEST FOR PROPOSALS4803.1Generally: The final step in the solicitation phase is the issuance of a Request for Proposals (RFP). Before issuing an RFP, the DC OP3 will develop a draft RFP for public comment. In addition, by law the draft RFP must be approved by the Council of the District of Columbia (Council) before it is formally issued.
4803.2Public Review of Draft Request for Proposals: The first step in the RFP process is the development of a draft RFP by the DC OP3 for public comment. DC OP3 will publish the draft RFP on its website for public comment and will hold at least one (1) public hearing on the proposed RFP. The hearing will be subject to the Open Meetings Act (D.C. Law 18-350; D.C. Official Code §§ 2-571et seq.) and will be held at an accessible evening or weekend time and in an accessible location near the proposed P3 project. The DC OP3 will provide at least thirty (30) days' notice of the public hearing to each affected ANC and will publicize the hearing by placing a notice in the District of Columbia Register at least fifteen (15) days before the hearing
.4803.3 Approval of Proposed Request for Proposals by the Council: By law, each RFP must be approved by the Council before the RFP is issued by the DC OP3. The Council approval process will follow one (1) of two (2) review tracks depending on the value and duration of the project. Each approval process starts with the Mayor submitting a resolution to the Council to approve the RFP. The two (2) review tracks are outlined below.
(a)Proposals for Projects over fifty million dollars ($50,000,000) or ten (10) years: Proposals for possible P3 projects that the DC OP3 estimates will cost fifty million dollars ($50,000,000) or more (full life cycle cost) or extend for a contract term of ten (10) years or more will be deemed approved by the Council forty-five (45) calendar days after the Mayor submits the approval resolution to the Council, unless the Council votes to disapprove the resolution during that time period. The Council may also actively vote to approve the resolution at any time during the forty-five (45) day period. The forty-five (45) calendar day review period begins on the first day (excluding Saturdays, Sundays and holidays) following the receipt by the Office of the Secretary of the Council of the proposed resolution.(b)Proposals for Projects less than fifty million dollars ($50,000,000) or ten (10) years: Proposals for possible P3 projects that are anticipated by the DC OP3 to cost less than fifty million dollars ($50,000,000) (full life cycle cost) or extend for a contract term less than ten (10) years will be deemed approved by the Council ten (10) calendar days after the Mayor submits the approval resolution, unless during that ten (10) day period a Councilmember introduces a resolution to approve or disapprove the proposed RFP. If a Councilmember introduces such a resolution the ten (10) day Council review period is extended to forty-five (45) calendar days and the RFP will be deemed approved by the Council at the end forty-five (45) calendar day period, unless the Council votes to disapprove the resolution during that time period. The Council may also actively vote to approve the resolution at any time during the forty-five (45) day period. The ten (10) day and forty-five (45) day time periods begin on the first day (excluding Saturdays, Sundays and holidays) following the receipt by the Office of the Secretary of the Council of the proposed resolution.(c)Expiration of Approval: The Council's approval of an RFP expires two years after the date of approval. If the DC OP3 determines that a P3 agreement cannot be entered into within the two (2) year period, the Mayor may submit to the Council a resolution requesting an extension of the time period. The resolution must be submitted at least sixty (60) days before the end of the two (2) year period. If the Council does not approve or disapprove the proposed extension resolution within thirty (30) days (excluding Saturdays, Sundays, legal holidays and days of Council recess) after receipt, the proposed resolution is deemed disapproved.(d)Substantive Changes Requiring Approval; Notice of Changes: If a substantive change is made to a previously approved RFP, the revised RFP must be resubmitted to the Council for re-approval. Notice of each change that is made to an RFP will be published in the District of Columbia Register and/or delivered to qualified bidders if the RFQ process is utilized under § 4802. D.C. Mun. Regs. r. 27-4803
Final Rulemaking published at 63 DCR 13119 (10/21/2016)