D.C. Mun. Regs. r. 27-4804
Generally: After the RFP has been approved by the Council, the DC OP3 will formally issue the RFP to solicit proposals from the qualified bidders.
Public Notice: Each RFP will be posted on the DC OP3 website. A notice of the issuance of the RFP will also be published in the District of Columbia Register and mailed to each affected ANC. Notice of the issuance may also be published on websites or in printed publications deemed appropriate by the DC OP3.
Schedule: The deadline to respond with a proposal will be stated in the RFP. Potential proposers will be given at least 30 days to respond, unless the DC OP3 determines that a shorter response period is appropriate. If the DC OP3 establishes a shorter response period, it shall describe the reason for the shorter response period in the RFP.
Requests for Proposals Requirements: Each RFP will contain, at a minimum, the following information regarding the proposed P3 project:
The DC OP3, working with the Owner Agency, may include more specific response requirements to address the unique aspects of the project.
Evaluation and Selection Criteria Requirements: Each RFP issued by the DC OP3 will include a set of evaluation criteria by which proposals submitted by the private sector will be scored. A relative scoring weight will be assigned in the RFP to each criterion.
At a minimum, the following evaluation criteria will be included in each RFP:
Format for Responses and Executive Summaries: Each response to an RFP must follow the guidance and format outlined in the RFP, including that the proposal has an executive summary and identifies those aspects of the proposal that are confidential or proprietary according to § 4804.12.
Proposer Presentations: The DC OP3 and Owner Agencies may communicate with an entity that provides a response to an RFP or require them to give one (1) or more oral presentations to clarify its response and answer questions that will aid in the understanding and evaluation of the response.
Evaluation of Responses to Request for Proposals: The DC OP3 will evaluate all responses to an RFP that are deemed to be responsive and meet the minimum requirements of the RFP. The evaluation of proposals will be based on the criteria stated in the RFP.
For most RFPs, the evaluation of responses to an RFP will be divided between two (2) committees matching the two (2) required packets outlined in the Guidelines. The two (2) review committees will consist of:
In some instances where the DC OP3 deems it appropriate, a single committee will review both technical and financial aspects of each proposal. This will be stated in the RFP and separate packets for technical and financial aspects of proposals will not be required.
The Director and Deputy Director of the DC OP3, as well as the Director (or his or her designee) of the Owner Agency may serve on both committees.
Selection of Preferred Bidder: Based on the results of the evaluation committees, the DC OP3 will declare the proposer with the highest overall score the Preferred Bidder. The point of contact provided on the proposal of the Preferred Bidder will be notified by the DC OP3. The DC OP3 may also select a secondary bidder to be engaged in the event that an agreement is not reached between the District government and the Preferred Bidder. If it has been determined that a secondary bidder will also be selected, that secondary bidder will also be notified.
Publication of Responsive Executive Summaries: Upon the selection of the preferred bidder, the DC OP3 will publish executive summaries of all responsive proposals on the DC OP3 website. The executive summary of each proposal will include the information outlined in the Guidelines and the following information:
Payment of Stipends: The DC OP3 may pay a stipend to an unsuccessful proposer in the following situations:
Each RFP will state whether the DC OP3 is offering a stipend as part of the procurement process. If a stipend is being offered, the RFP will also state the amount of the stipend and the specific terms and conditions under which the stipend will be paid.
Stipends will generally be used to generate meaningful competition and to compensate bidders for novel concepts or information that is utilized in a P3 agreement.
Use of Responses to Request for Proposals: Each response to an RFP 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.
Confidential Information Included as Part of a Solicited Proposal: The DC OP3 and Owner Agency understand the need for some information provided by private entities to remain confidential. In order to protect confidential or proprietary information, the proposer must identify those portions of its proposal, or other submitted materials, that it considers to be confidential or proprietary. For the confidential or proprietary information of a proposer to be exempt from public disclosure, the proposer must do all of the following when the proposal is submitted to the DC OP3:
The DC OP3 will review information that a proposer designates as confidential or proprietary to determine if that designation is proper under applicable law. Where the proposer cannot justify the protection of information, DC OP3 may ask the proposer to revise its proposal accordingly. If an agreement cannot be reached between the proposer and the DC OP3 regarding the designation of information as confidential or proprietary, the proposer may withdraw its proposal from the procurement and all unused fees paid by the proposer will be returned to the proposer.
The DC OP3 and Owner Agency will not release or disclose any part of the proposal other than the executive summary and information required to be disclosed under §§ 108(f) and 114(a) of the P3 Act (D.C. Official Code §§ 2-273.03(f) and 2-273.09(a) ) before the award of the P3 agreement and at the conclusion of any protest, appeal or other challenge to the award, absent an administrative or judicial order requiring such a disclosure. After the final award of the P3 agreement, the Freedom of Information Act shall apply to the proposal.
D.C. Mun. Regs. r. 27-4804