D.C. Mun. Regs. r. 50-5034

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

Rule 50-5034 - COMPETITIVE SEALED BIDS

5034.1

The solicitation used to initiate a procurement conducted by sealed bidding is known as an Invitation for Bids (IFB).

5034.2

The evaluation factors used in sealed bid procurements are limited to price and price-related factors (including price evaluation preferences for CBEs).

5034.3

The IFB shall specify:

(a) Any information necessary to explain how the Contracting Officer will evaluate price (for example, whether option prices will be evaluated);

(b) Any price-related factors that will be evaluated and their relative importance in the overall evaluation scheme;

(c) A description of the goods or services sought (including quantity requirements);

(d) The contract delivery schedule;

(e) A description of any special qualification requirements the contractor must satisfy;

(f) Instructions for submitting bids (including the deadline for bid submission, the method(s) for submitting bids, any representations or certifications bidders must submit, and any requirements for the submission of items such as bid samples, subcontracting plans, or payment or performance bonds);

(g) The period during which bids must remain open for acceptance; and

(h) The contract's terms and conditions.

5034.4

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

5034.5

Any changes in the information set forth in an IFB must be made by an amendment to the IFB.

5034.6

Bidders are responsible for submitting bids and any modifications or withdrawals so as to reach the Contracting Officer designated in the invitation for bid (IFB) by the time specified in the IFB. Bids shall be submitted by a method specifically permitted by the IFB (for example, hand delivery, mailing, or electronic transmission). If no time is specified in the IFB, the time for receipt is 2:00 p.m., local time, on the date that bids are due.

5034.7

A bid may be withdrawn or modified at any time before bid opening by any of the methods permitted for submitting bids.

5034.8

Any bid, modification, or withdrawal of a bid received after the exact time specified for receipt of bids is late and will not be considered unless:

(a) It was transmitted through an electronic method authorized by the IFB, it was received at the initial point of entry to the Government infrastructure prior to the due date and time;

(b) There is acceptable evidence that it was transmitted in sufficient time to be received by the exact time specified, however the Government infrastructure caused the bid to not be transmitted or the Government otherwise mishandled the bid;

(c) The late bid is the only responsive bid received;

(d) A late modification is of an otherwise successful bid, that makes its terms more favorable to the Government; or

(e) An emergency or unanticipated event interrupts normal Government processes so that bids cannot be received at the Government office designated for receipt of bids by the exact time specified in the IFB and an amendment to bid opening date and time could not be issued.

5034.9

Notwithstanding the requirements of 5034.8, the District may accept a late bid, modification, or withdrawal if such bid, modification, or withdrawal is received prior to award and the contracting officer determines, in his or her sole discretion, that acceptance of such bid, modification, or withdrawal is in the best interest of the District.

5034.10

The Contracting Officer shall prepare and maintain in the contract file an abstract listing the bid prices.

5034.11

The contract shall be awarded to the responsive and responsible bidder with the lowest evaluated bid.

5034.12

To be considered responsive, a bid must comply in all material respects with the IFB. Responsiveness involves matters that relate to the bid itself as opposed to the responsibility or other qualifications of the bidder. In determining whether a bid is responsive, the Contracting Officer has the discretion to permit correction of minor informalities or irregularities. However, a bidder who fails to submit a subcontracting plan as required in the IFB will not be considered responsive.

5034.13

The Contracting Officer should include with every IFB solicitation the form of the contract that the contractor will be required to enter into.

To the greatest extent possible, the Contracting Officer should provide clear and concise contract documents. Prior to award of the contract, the contracting officer shall create a single conformed contract document, which includes the relevant terms of the solicitation, amendments, and bid.

D.C. Mun. Regs. r. 50-5034

Final Rulemaking published at 65 DCR 4406 (4/20/2018); amended by Final Rulemaking published at 68 DCR 11740 (11/5/2021)