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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 15. PUBLIC UTILITIES AND CABLE TELEVISION |
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Chapter 15-22. PROCUREMENT REGULATIONS |
Section 15-2202. SOLICITATION AND AWARD OF CONTRACTS
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2202.1Purchasing Methods. The Contracting Officer, in his or her discretion, shall select the purchasing method that is best suited to provide for economical, effective, and efficient procurement of Commission requirements.
2202.2Simplified Acquisition Procedures. Simplified acquisition procedures are designed to facilitate quick and efficient methods for purchasing relatively low-cost requirements. The ceiling for use of simplified acquisition procedures is $ 100,000. These procedures are available for the acquisition of supplies or services, including expert and consulting services. A proposed procurement shall not be split into smaller parts to enable the use of simplified procedures.
2202.3Obtaining Competitive Quotations. Price, delivery, and other terms for requirements at or below the simplified acquisition ceiling may be obtained by written or electronic RFQs. Competition is not required for purchases of $ 2,500 or less. In such cases, the Contracting Officer is required to use particular care in determining that the price is reasonable and that the purchase is in the best interest of the Commission. The quotations and the methods used to obtain them shall be included in the purchase file maintained by the Contracting Officer.
2202.4Award. Award of simplified purchases may be made using purchase orders, orders under blanket purchase agreements, orders under task-order contracts, orders under GSA schedule contracts, orders under the D.C. Schedule, or orders using a purchase card adopted by the Commission.
2202.5Negotiation Procedures. Negotiation procedures include (1) contracts awarded after obtaining maximum practical competition and (2) sole source awards.
2202.6Competitive Negotiation. When negotiation procedures are selected as the appropriate method for conducting a procurement, the Contracting Officer will solicit competitive proposals from qualified contractors. The RFP shall state the basis upon which the selection of the winning contractor will be made. Selection criteria may range from the lowest price of a technically acceptable solution to the best value in relation to technical, price, or other specified factors.
2202.7Evaluation Factors. The RFP shall identify all factors and significant subfactors that will be used for scoring and ranking proposals. The relative weight given to each factor and significant subfactor will be provided. Evaluation factors typically include areas such as the following:
(a)Technical approach, understanding the requirement;
(b)Management approach;
(c)Key personnel qualifications and experience;
(d)Past performance on previous contracts; and
(e)Price or cost.
2202.8The Contracting Officer shall ensure that the offeror's technical approach, experience, and price or cost are included as factors in all negotiated procurements. Past performance shall be considered unless the Contracting Officer determines that it is inappropriate for the particular procurement.
2202.9Proposal Evaluation. Proposal evaluation is an assessment of each offeror's approach to meeting the Commission's requirement and of the offeror's ability to perform the contract. Evaluation of both technical and cost factors is necessary to fully assess the quality of a proposal. After considering the size and complexity of the requirement, one or more evaluation teams may be established to evaluate key aspects of each proposal. The evaluation of proposals must conform to the evaluation factors and the relative weights listed in the solicitation. Each proposal shall be evaluated individually.
2202.10Technical evaluation of each proposal shall be made to determine the degree to which the offeror understands the requirement and its ability to meet Commission needs. An evaluation of price or cost shall be made to determine reasonableness considering the nature of the requirement. Analysis of the proposed price or cost should be made, as appropriate, to provide added insight into the offeror's understanding of the technical requirement.
2202.11Generally, if adequate price competition exists between responsible contractors, no further price analysis is required. However, if the Commission or Contracting Officer, under his or her delegation of authority, deems it appropriate, additional analysis of price or cost may be made.
2202.12The RFP may require that offerors provide oral presentations of elements of their proposals as a means of expediting the proposal evaluation process. The Contracting Officer shall be responsible for establishing the procedures for and conduct of oral presentations.
2202.13The identity of the offerors and the contents of their proposals shall be kept confidential. The evaluation shall be made solely on the basis of the factors and significant subfactors identified in the RFP. After an evaluation of each proposal, a comparative assessment of the proposals shall be made.
2202.14The method used for scoring proposals is a matter of discretion within the Commission and may, at the discretion of the Contracting Officer, be included in the RFP.
2202.15Best Value Analysis. Best value analysis allows the exercise of business judgment in selecting the offer that is most advantageous to the Commission. Best value analysis permits the use of trade-offs among the weighted evaluation factors. For example, the Commission or the Contracting Officer may recommend that an offer that is neither the highest rated on technical merit nor the lowest in price be selected for contract award. Or it may be determined that an offeror with a high technical rating but a poor record of past performance represents a high risk, such that it would not be recommended for award. Further, when specified in the RFP, award may be made to the offeror that meets the specified minimum technical requirement at the lowest price.
2202.16Discussions. After an evaluation of the quality of the proposals received, the Commission may decide or the Contracting Officer may recommend to the Commission that award be made without further communication with the competing contractors regarding their offers. This should occur only when the Contracting Officer determines that discussions would not improve the quality of proposals to meet the Commission's requirements more effectively. The terms of the RFP shall state that the Commission reserves the right to make an award without discussions.
2202.17Where discussions are deemed necessary and in the best interest of the Commission, the Commission may decide or the Contracting Officer shall so advise the Commission and determine those offerors that are most highly rated and establish a competitive range. Offerors that are not included in the competitive range shall be notified that they are no longer being considered for an award. Oral or written discussions shall be conducted with all offerors included in the competitive range. Discussions will be conducted by the Commission or, under the Commission's delegation, through the Contracting Officer and the appropriate procurement team. The purpose of these discussions is to improve the evaluation team's understanding of each proposal and each offeror's understanding of the Commission's requirements. The goal of discussions is to improve each offeror's chance for an award. Such discussions shall be tailored to each proposal and shall include questions regarding weaknesses in the respective proposals and how such proposals may be improved to better meet the needs of the Commission.
2202.18Offerors shall not be told how to improve their proposals and shall not be provided any information regarding other proposals either directly or indirectly. All offerors shall be treated in a fair and objective manner.
2202.19Proposal Revisions. During the course of discussions, the Commission or the Contracting Officer may permit offerors to make written revisions to their proposals to incorporate adjustments and improvements that have resulted from the discussions. An offeror whose proposal is no longer under consideration may be eliminated from the competitive range.
2202.20Best and Final Offers. After discussions are completed, the Commission or the Contracting Officer shall notify the offerors in the competitive range that they may submit best and final offers. The Commission or the Contracting Officer shall advise the offerors that no further discussions are permitted and that the award will be made on the basis of the best and final offers, and provide the date that best and final offers are due.
2202.21Award. The award decision shall be based on a comparative assessment of proposals against the evaluation criteria in the RFP. The selecting official (i.e., the Commission or the Contracting Officer) shall document the decision and include the rationale for business judgments and trade-offs made in selecting the winning contractor. The award decision shall be based on the independent judgment of the Commission or the Contracting Officer acting under delegation of the Commission. Written notice of an award, including any additional terms and conditions agreed to during negotiations, will be provided to the successful offeror. Unsuccessful offerors will be provided written notice of the award that includes the name of the successful offeror, the total amount of the contract, and any unit prices specified in the contract.
2202.22Debriefing. An unsuccessful offeror may request a debriefing if the Commission receives the offeror's request within three (3) business days of the date the offeror received notification that an award was made. The debriefing shall provide the basis for the award decision. Debriefings shall not include proprietary or confidential information regarding the successful offeror's proposal. Debriefings may be oral or written.
2202.23Sole Source Acquisitions. Sole source acquisitions are permitted when they are necessary to support the Commission's objectives. Sole source acquisitions must be supported by a written determination and findings (D&F) prepared by the Contracting Officer. Circumstances that permit sole source acquisitions may include one or more of the following:
(a)Only one firm can meet the Commission's requirements. This includes such factors as special expertise or uniqueness of its product or service;
(b)The requirement cannot be reasonably modified to permit procurement of an alternative product or service on a competitive basis;
(c)There is a need for an interim short-term contract to meet Commission requirements in advance of a competitive procurement; and/or
(d)Procurement of the product or service on a sole source basis is in the best interest of the Commission.
2202.24The Contracting Officer shall prepare a written D&F that sets forth the justification for a sole source acquisition. In addition, the D&F should identify the efforts that will be made to secure competition for future requirements. Except for purchases not expected to exceed $ 2,500, sole source acquisitions shall require the approval of the Commission.
2202.25Special Categories. Special categories include procurements from local, small, and disadvantaged business enterprises, from small business competitions, and of expert and consultant services.
2202.26Local, Small, and Disadvantaged Business Enterprises. The Equal Opportunity Local, Small, and Disadvantaged Business Enterprise Act of 1999, which establishes a fifty (50) percent goal for D.C. government contracts with local, small, and small disadvantaged business enterprises, further provides for the following preference points when evaluating proposals:
(a)Five points for local business enterprises;
(b)Five points for disadvantaged business enterprises; and
(c)Two points for firms located in enterprise zones.
2202.27Under the Act, a proposal may be entitled to any or all of these preferences for which it is qualified. Commission personnel are required to make every effort practicable to identify firms that are eligible for this program as potential sources.
2202.28Small Business Competitions. The Commission or the Contracting Officer may conduct a procurement that provides for exclusive participation by small business firms when it is determined that two or more responsible small business firms can satisfy the Commission's requirement at a reasonable price.
2202.29Expert or Consultant Services. The procurement of expert or consultant services is a legitimate means of ensuring the efficiency of Commission operations. Such services include, but are not limited to, accounting, legal, financial, management, technical, economic, professional, or other expert and consultant services. The procurement of such services is authorized when essential to the Commission's needs. When a particular expert or consultant has historical expertise regarding a particular Commission requirement, services of the expert or consultant may be acquired on a noncompetitive basis. Written justification supporting the procurement of expert or consultant services shall demonstrate that one or more of the following conditions apply:
(a)The technical or professional expertise is not available from sources within the Commission;
(b)Outside knowledge is required to avoid a too limited position on a critical issue;
(c)The opinions, special knowledge, and skills of acknowledged experts are required; and/or
(d)The expert's opinions is necessary to fully address issues before the Commission.
2202.30The Commission may acquire the use of expert or consultant services, rather than using Commission employees, when in the best interest of the Commission and when one or more of the following conditions apply:
(a)The services are needed for short periods of time only or are needed in connection with a specific project that is to be completed within a specified period of time;
(b)The services are difficult to obtain because of the scarcity of skilled personnel or because of the highly specialized nature of the services; and/or
(c)The workload of Commission personnel precludes their availability to provide such services.
2202.31The Commission or Contracting Officer shall ensure that a procurement of expert or consulting services shall not establish or allow any of the following:
(a)An employer-employee relationship between the Commission and the contractor;
(b)Detailed supervision by Commission personnel of the contractor or its employees with respect to the day-to-day operations of the contractor or its methods of accomplishing services;
(c)Supervision of Commission employees by the contractor; or
(d)Representation of the Commission by the contractor in dealing with the public.
2202.32The Commission shall not contract for expert or consultant services for any of the following purposes:
(a)To perform work of a decision-making or managerial nature that is the direct responsibility of Commission officials;
(b)To help influence or enact legislation in the Council of the District of Columbia; or
(c)To afford preferential treatment to former Commission employees.
2202.33Selecting the Contract Type. The Contracting Officer shall use the type of contract that provides for the reasonable allocation of performance and economic risks between the contractor and the Commission.
2202.34Firm-Fixed Price Contracts. To the maximum extent practicable, the requirements of the Commission shall be written to facilitate the use of firm-fixed price contracts. Firm-fixed price contracts allocate the risk of performance and full responsibility for all costs and resulting profit or loss under the contract to the contractor. The Commission or the Contracting Officer, after consulting with the Commission, may waive this requirement on a case-by-case basis. Other contract types providing for price adjustments, escalation, or payment on a cost reimbursement basis may be authorized when in the best interest of the Commission. When contract types other than firm-fixed price are authorized, the Commission or the Contracting Officer shall ensure that adequate terms and conditions are included to protect the interests of the Commission when adjustments in price are required. Such terms include adjustments tied to nationally recognized indexes and access to contractor accounting data regarding cost of performance.
2202.35Indefinite-Quantity/Task-Order Contracts. The Commission may enter into indefinite-quantity contracts or task-order contracts that provide for an indefinite quantity of supplies or tasks for services, including expert or consultant services, for a fixed period of time. Requirements under such contracts shall be subject to stated limits and may require the Commission to order a minimum quantity of supplies or services. During the effective period of the contract, the contractor shall be required to provide any additional quantities of supplies or services ordered by the Commission up to the maximum provided under the contract.
2202.36Solicitation of indefinite-quantity/task-order contracts may specify that a single award to an individual contractor will be made or that multiple awards to several contractors will be made from those who respond to the solicitation. When multiple awards are made, future orders of supplies or task orders for services will be competed for among the multiple awardees. Competition among contractors under a multiple award task-order contract is intended to be quick and efficient. Task-order requirements are exempt from publication and may be awarded using limited factors and streamlined procedures. The award of a task order under a multiple award task-order contract is exempt from the protest procedures of these regulations.
2202.37Indefinite-quantity/task-order contracts may be established for a term of one year and provide for no more than two one-year options.
2202.38Unless otherwise specified by the Contracting Officer, contracts of this type shall provide for firm-fixed prices for the designated supplies or services.