D.C. Mun. Regs. r. 27-4807
Comprehensive Evaluation of Unsolicited Proposal: If the result of the preliminary evaluation is favorable, the unsolicited proposal will enter the comprehensive evaluation phase.
Unsolicited Proposal Clarification: During the comprehensive evaluation phase the D.C. OP3 may communicate with the proposer (hereinafter referred to as the "Original Unsolicited Proposer") for clarification of the proposal. This process will not be an opportunity for changes to be made to the unsolicited proposal; only for clarification of proposal aspects to allow an evaluation by the D.C. OP3.
Notification of the Unsolicited Proposer: The D.C. OP3 will notify the Original Unsolicited Proposer that the unsolicited proposal has been deemed favorable. The D.C. OP3 will also notify the proposer of the alternative proposals process outlined in § 4807.4 and of the proposer's ability to submit a modified proposal as part of the process outlined in § 4807.7.
Public Notice and Alternative Proposal Process:
Schedule: The D.C. OP3 will allow alternative proposals to be submitted in response to the RFAP for at least thirty (30) days after the notice is published in the D.C. Register. In most cases, the response period will be longer than thirty (30) days in order to increase the competitive environment for the project. The response period will be expressly stated in the RFAP.
Requirements of Alternative Proposals: All responses to the RFAP must meet all the requirements of an original unsolicited proposal as stated in § 4806. The requirements include the completion of the unsolicited proposal form and any other requirements included in the public notice and RFAP issued under § 4807.4.
Each alternative proposer will be required to pay the comprehensive evaluation fee described in § 4807.13.
Amended Submittals by the Original Unsolicited Proposer: The Original Unsolicited Proposer must submit a response to the RFAP in order for its proposal to be considered as part of the RFAP process. The Original Unsolicited Proposer may submit its unsolicited proposal or an amended proposal based upon the RFAP. The amended proposal may only update the original proposal to the extent necessary to be responsive to additional or modified requirements or clarifications about the project that D.C. OP3 has requested in the RFAP or to respond to project-specific scoring criteria; the amended proposal may not constitute a completely new proposal.
Comprehensive Evaluation: After the end of the RFAP response period, the D.C. OP3 will evaluate the original unsolicited proposal, or amended original unsolicited proposal if one is submitted, and any alternative proposals.
Comprehensive Evaluation Criteria: The D.C. OP3 will evaluate the original unsolicited proposal, or amended original unsolicited proposal if one is submitted, and any alternative proposals under the same criteria outlined in the RFAP, including the general criteria stated in § 4807.15.
Comprehensive Evaluation Period: The D.C. OP3 will establish a time period for the comprehensive evaluation of the original unsolicited proposal, or amended original unsolicited proposal if one is submitted, and any alternative proposals. The time period will be shared with all proposers no more than ten (10) business days after the end of the RFAP response period. The D.C. OP3 may, at any time, revise the time period for review, as needed.
Proposer Presentations: The D.C. OP3 and Owner Agency(ies) may communicate with proposers or require them to give one or more oral presentations to clarify their proposal and answer questions that will aid in the understanding and evaluation of the proposal.
Evaluation Committees: The D.C. OP3 will evaluate all responses to an RFAP that are deemed to be responsive, meet the minimum requirements of the RFAP, and that are pre-qualified under § 4807.4, if applicable. The evaluation of proposals will be based on the criteria stated in the RFAP, including the general criteria stated in § 4807.15.
For most RFAPs, the evaluation of responses to an RFAP will be divided between two committees matching the two required packets outlined in the Guidelines. The two review committees will consist of:
In some instances where the D.C. OP3 deems it appropriate, a single committee will review both technical and financial aspects of each proposal. This will be stated in the RFAP and separate packets for technical and financial aspects of proposals will not be required.
Employees of the D.C. OP3 and the Owner Agency(ies) may serve on both committees. The evaluation committee may establish subcommittees with members who are not members of the committee and engage advisors to provide input in the evaluation process as they deem appropriate.
Comprehensive Evaluation Review Costs: The Original Unsolicited Proposer and any alternative proposers will be required to pay a comprehensive evaluation fee with their response to an RFAP. The fee will be set by the D.C. OP3 based on all direct costs reasonably anticipated by the D.C. OP3 for the comprehensive evaluation. The amount of the fee will be set forth in the RFAP. The Original Unsolicited Proposer must submit the fee to the D.C. OP3 by the end of the RFAP period (or with the submission of its amended proposal, if it submits an amended proposal). No unsolicited proposal or alternative proposal will be reviewed without payment of the Comprehensive Evaluation Review fee.
The comprehensive evaluation fees will be used to cover the costs of the comprehensive evaluation. If the fees paid to the D.C. OP3 exceed the D.C. OP3's total cost for the unsolicited review process, the D.C. OP3 will reimburse the remaining funds equally to all proposers at the end of the review period.
If an unsolicited proposer or alternative proposer does not wish to pay the comprehensive evaluation fee, it may withdraw its proposal without penalty.
Use of Unsolicited and Alternative Proposals: Each unsolicited proposal and alternative proposal shall become the property of the District, and the D.C. OP3 and the District may use any information or concepts within such proposals for whatever purpose it deems appropriate.
Selection of a Preferred Bidder: Based on the results of the evaluation committees, the D.C. OP3 will declare the proposer with the highest overall score the Preferred Bidder. The D.C. 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. Unsolicited and alternative proposals will be reviewed under the criteria as stated in the RFAP, which may include:
OCFO Certification: Prior to commencement of negotiations with the Preferred Bidder, the Chief Financial Officer of the District of Columbia must also certify:
OAG Certification: Prior to commencement of negotiations with the Preferred Bidder, the Attorney General of the District of Columbia must certify that:
Notice of Selection of Preferred and Secondary Bidders: When a Preferred Bidder has been selected, the point of contact provided on the proposal will be notified by the D.C. OP3. If it has been determined that a secondary bidder will also be selected, that secondary bidder will also be notified. The D.C. OP3 will provide public notice of this selection and its intent to commence negotiations. Negotiations will only begin with the secondary bidder if negotiations have been terminated with the Preferred Bidder.
Communication during the Procurement Process: While the D.C. OP3 encourages communication during the procurement process, the point of contact listed in the procurement documents will serve as the sole official coordinator of communication with the party making the inquiry. All official communication must be written. Communication during the procurement process that violates the communication policies set out in the procurement documents may result in penalties, including disqualification of a proposer.
Confidential Information Included as Part of an Unsolicited or Alternative Proposal: The D.C. 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 D.C. OP3:
The D.C. OP3 will review information that a proposer designates as confidential or proprietary to determine if that designation is proper. Where the proposer cannot justify the protection of information, D.C. OP3 may ask the proposer to revise its proposal accordingly. If an agreement cannot be reached between the proposer and the D.C. 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. If an unsolicited proposal is rejected under Subsections 4806.2 and 4806.4 or is withdrawn by the proposer prior to the comprehensive evaluation period, the D.C. OP3 will return all copies of the unsolicited proposal to the proposer, and such proposals shall be confidential to the extent allowed by the Freedom of Information Act, including statutory exclusions that protect proprietary information, among other things.
The D.C. 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 §§ 109(b) and 114(a) of the P3 Act (D.C. Official Code §§ 2-273.04(b) 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 except for statutory exclusions such as proprietary information.
Termination of the Process: The D.C. OP3 may terminate the unsolicited proposal procurement process at any time. In the event of such a termination, the D.C. OP3 will return the unused funds paid by unsolicited or alternative proposers for the comprehensive evaluation process equally to all proposers.
D.C. Mun. Regs. r. 27-4807