Section 19-2804. FORMAL SOLICITATIONS

 

2804.1Competitive bidding shall be required as herein provided whenever a contract for goods or services is reasonably expected to exceed the sum of $100,000.

 

2804.2As used herein, the term “competitive bidding” shall mean the employment of such procedures, requirements and techniques as will result in fair and reasonable competition among suppliers, equality of opportunity, optimal pricing and quality, and maximization of the best interests of the Commission.

 

2804.3Any or all bidders or potential bidders may be required to submit a statement of their qualifications, experience in performing work or manufacturing or supplying the relevant goods, services or products, and a detailed financial statement. Failure to submit same when required and in a timely manner may be grounds for a disqualification of the bidder.

 

2804.4The Commission shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform bidder’s obligations under the contract and the bidder shall furnish the Commission all such information and data for this purpose as it may request.

 

2804.5The Commission may consider the following factors in determining the qualifications of a prospective bidder:

 

(a)The ability and capacity of the bidder to provide the materials, goods or services in accordance with the specifications;

 

(b)The integrity, character, and reputation of the bidder;

 

(c)The competence and experience of the bidder; and

 

(d)The bidder’s compliance with other provisions and policies contained herein and in the bid

documents.

 

2804.6The Commission reserves the right to reject any bids, or any prospective bidder, where an investigation of the available evidence or information does not satisfy the Commission that the bidder is qualified to properly perform the terms of the contract and bid documents.

 

2804.7Prior to any solicitation for bids, the Commission may conduct meetings with, and collect data from, one or more prospective bidders for the purpose of developing necessary plans and/or specifications. The Commission may also solicit proposals for the purpose of determining the best qualified bidders for a particular procurement or project. Any part or all of such proposals may be used in formulating final plans and specifications.

 

2804.8Bids may be solicited by invitation, advertisement or both. The Commission shall determine the solicitation method and procedures to be employed, giving due regard to the promotion of sufficient competition to secure the best terms for the Commission. If advertising is utilized, notices shall be published in the DC Procurement Digest, a major newspaper of local circulation, or both.

 

2804.9Any agreement, combination or collusion among bidders or prospective bidders in restraint of competition by agreement to bid a fixed price, or otherwise, shall render the bids of those bidders void. Any or all bidders may be required to submit a sworn statement that they have not been a party to such activity.

 

2804.10Bidders and sub-bidders requiring clarification or interpretation of the bidding documents shall make a written request which shall reach the CCO at least seven days prior to the date for receipt of bids. Any modifications shall be issued by written addendum to all bidders.

 

2804.11No substitution will be considered prior to receipt of bids unless written request for approval has been received by the CCO at least ten days prior to the date for receipt of bids. Such requests shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitution including drawings, performance and test data, and other information necessary for an evaluation. A statement setting forth changes in other materials, equipment or other portions of the work including changes in the work of other contracts that incorporation of the proposed substitution would require shall be included.

 

2804.12The burden of proof of the merit of the proposed substitution is upon the proposer. The CCO’s decision of approval or disapproval of a proposed substitution shall be final.

 

2804.13If the Commission approves a proposed substitution prior to receipt of bids, such approval will be set forth in an addendum.  Bidders shall not rely upon approvals made in any other manner.

 

2804.14Bids shall be submitted on forms identical to the form, if any, included with the bid documents.

 

2804.15A bid may not be modified, withdrawn or canceled by the bidder during the stipulated time period following the time and date designated for the receipt of bids, and each bidder so agrees in submitting a bid.

 

2804.16All bids shall be delivered on time, at the place designated in the bid documents, in a sealed container clearly marked “Bid” or “Proposal”. They shall remain sealed until publicly opened at the time specified in the invitation.

 

2804.17The Commission shall have the right to waive informalities or irregularities in a bid.

 

2804.18Following the opening of bids, the Commission may seek or investigate clarifications, interpretations or additional facts which are reasonably necessary in order to evaluate the bids.

 

2804.19Contracts will be awarded to the lowest, most responsible bidder, whose proposal most favorably serves the best interests of the Commission, taking into consideration all of the relevant factors, as well as those that may be unique to the subject procurement.

 

2804.20In determining the lowest, most responsible bidder, the Commission may consider any and all factors it deems relevant and most advantageous, including, without limitation, the following:

 

(a)Any basic, supplemental or conditional discounting opportunities, or terms of payment;

 

(b)Length of agreement and any most favored pricing provisions, price guarantees, protections, caps, or renewal provisions;

 

(c)Costs and other economic concerns of delivery or warehousing;

 

(d)Servicing, maintenance and replacement factors;

 

(e)Warranty and guarantee provisions;

 

(f)Return of goods policies;

 

(g)Time and scheduling factors;

 

(h)Any applicable laws and other provisions of the bid documents;

 

(i)The relative experience and competence of the bidder;

 

(j)Material compliance with bid specifications and instructions; and

 

(k)Compliance with applicable laws.

 

2804.21The Commission may reject any or all bids where:

 

(a)The bidder(s) is/are not deemed qualified;

 

(b)The bid(s) is/are not responsive;

 

(c)All bids fail to meet the Commission’s contract and pricing expectations and objectives; or

 

(d)The interests of the Commission would be otherwise served by such action.

 

2804.22If a bid is otherwise responsive, but a mistake is discovered or alleged prior to award of the contract, it may be corrected if the Commission determines that it was either apparent from the face of the bid or that the bidder has submitted clear and convincing evidence that a mistake was made and should be corrected.

 

2804.23If a successful bidder’s mistake is not discovered until after the award, the Commission may:

 

(a)Amend the contract if the correction would be favorable to the Commission;

 

(b)Reform the contract if the bidder would remain lowest and best; or

 

(c)Make no changes and enforce the contract.

 

2804.24In the event that adequate specifications are not obtainable or that the nature of the procurement does not lend itself to structured bidding, the Commission may determine that it will accept proposals for furnishing the goods or services.

 

2804.25If required by the bid documents, or in order to be duly qualified, bidders shall furnish satisfactory bid, performance, or payment bonds.  Bidders shall also, if required, furnish satisfactory evidence of any appropriate insurance coverage, including medical or worker’s compensation.

 

source

Final Rulemaking published at 45 DCR 7420, 7423-27 (October 9, 1998).