D.C. Mun. Regs. tit. 7, r. 7-1605

Current through Register Vol. 71, No. 36, September 6, 2024

Rule 7-1605 - REQUEST FOR PROPOSALS

1605.1

The solicitation used to initiate a procurement conducted by competitive negotiation is known as a Request for Proposals ("RFP"). Each RFP shall be publicized, at a minimum on the Board's website, and include a deadline for offerors to submit a proposal consistent with the requirements of this section.

1605.2

The Contracting Officer shall compile a list of at least three (3) vendors that the CO reasonably believes are qualified to provide the goods or services specified in the RFP. If the CO is unable to locate at least three (3) potential vendors, the CO shall provide the RFP to as many vendors as he or she can reasonably identify.

1605.3

When information or qualifications are necessary for planning the release of the RFP but cannot be obtained by more economical and less formal means, the CO may conduct a Request for Information ("RFI") or Request for Qualifications ("RFQ"), if it is advantageous to the Board to do so.

1605.4

The RFP shall be advertised for at least twenty-one (21) days before the date set for the receipt of proposals, unless the Chief Contracting Officer determines in writing that it is appropriate to shorten the notice period to not less than fourteen (14) days. The Chief Contracting Officer shall consider the following factors in determining whether it is appropriate to shorten the notice period:

(a) The complexity of the procurement;

(b) Subcontracting requirements;

(c) The degree of urgency;

(d) The impact of a shortened notice period on competition; and

(e) Any other relevant factors.

1605.5

The RFP shall specify all evaluation criteria and their relative importance. The evaluation criteria provided for in the RFP shall include detailed price or cost information along with any other factors appropriate to the particular procurement such as:

(a) A description of the goods or services sought (including quantity or estimated quantity, if applicable);

(b) Past performance and experience;

(c) The anticipated delivery or performance schedule (including any permitted variations to the delivery or performance schedule);

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

(e) Instructions for submitting proposals, including:

(1) The deadline for proposal submission;

(2) The method(s) for submitting proposals (for example, hand delivery, mailing, electronic transmission, or fax);

(3) The information to be provided in the proposal;

(4) Any representations or certifications the offeror must submit; and

(5) The period during which proposals must remain open for acceptance;

(f) Permitted methods by which proposals may be submitted; and

(g) The anticipated contract terms and conditions and the extent to which they are negotiable.

1605.6

Any changes in the information set forth in the RFP must be made by an amendment to the RFP. Amendments shall be made no less than three (3) business days before the proposal submission date specified by the RFP.

1605.7

A proposal may be withdrawn or modified at any time before final proposal submission date by any of the methods permitted for submitting proposals.

1605.8

A late proposal (or late modification or withdrawal) shall not be considered unless such delay is caused by the Board.

1605.9

The Contracting Officer shall evaluate proposals based solely on the evaluation criteria specified in the RFP. In evaluating past performance, the CO shall not be limited to considering only the information from references listed by the offeror.

1605.10

After initial proposals have been evaluated, the Contracting Officer may:

(a) Make an award based on initial proposals; or

(b) Establish a competitive range consisting of those proposals that remain under consideration, which shall include all proposals that, in the CO's judgment, could be awarded the procurement. The CO may begin discussions with only the top three (3) ranked offerors in the competitive range. Discussions with the offerors are preferably conducted in writing, including electronic format; however, oral discussions are permitted. The primary objective of discussions is to maximize the Board's ability to obtain the best value based on the evaluation criteria set forth in the RFP. The scope and extent of discussions are a matter of the CO's judgment.

1605.11

At the conclusion of discussions, if applicable, the Contracting Officer shall request that the offerors submit best and final offers by a common submission date. If the CO is unable to award a contract after best and final offers have been evaluated and negotiated, the CO may proceed to negotiate with the next three (3) highest ranked offerors. The CO may proceed to select a contractor by this method until a contract is awarded or the solicitation cancelled.

1605.12

The contract shall be awarded to the qualified offeror whose proposal is responsive to the RFP and is most advantageous to the Board considering only the evaluation criteria identified in the RFP and the Contracting Officer's determination that the offeror is responsible. The CO shall prepare documentation explaining the basis for the contract award decision which shall be maintained in the contract file.

1605.13

The Contracting Officer should endeavor to develop clear and concise procurement documents, including contracts and agreements. Contracts or agreements which consist of the solicitation, the proposal, and other documents attached together but not integrated into a single contract document are discouraged.

1605.14

RFP awards shall be published on the Board's website within seven (7) business days of award and shall include:

(a) The solicitation and all amendments thereto;

(b) The name of the vendor awarded contract; and

(c) The total contract value.

All information published under this section shall be removed from the Board's website upon the expiration or termination of the contract, or after five (5) years of award, whichever is longer.

D.C. Mun. Regs. tit. 7, r. 7-1605

Notice of Final Rulemaking published at 57 DCR 12594, 12598 (December 31, 2010); amended by Final Rulemaking published at 68 DCR 63 (1/7/2022)

Authority: The District of Columbia Retirement Board (the Board), pursuant to the authority set forth in section 121(i) of the District of Columbia Retirement Reform Act of 1979 ( Pub. L. 96-122, 93 Stat. 866 (Nov. 17, 1979) (codified at D.C. Official Code § 1-711(i) (2001)) (the Reform Act).