Section 19-4315. COMPETITIVE SEALED BIDDING

 

4315.1The CCO has the discretion to determine which method of procurement to utilize in the purchase of supplies, services or construction.

 

4315.2Competitive sealed bidding shall be the Library's preferred method of contracting when the following conditions exist:

(a)Award will be made solely on the basis of price and price-related factors and conformance to specifications;

 

(b)It will not be necessary to conduct discussions with the bidders responding to the solicitation; and

 

(c)There is reasonable expectation of receiving more than on sealed bid.
 

4315.3Each Invitation for Bid (IFB) shall be publicized in accordance with section 4302.

 

4315.4A pre-bid conference may be held after a solicitation has been issued, but before bids are submitted, to explain the solicitation. The conference shall be announced to all prospective bidders known to have received the solicitation.

 

4315.5Nothing stated or discussed at the pre-bid conference shall change the IFB unless the CCO issues a written amendment.

 

4315.6Each amendment shall identify the part of the IFB that was amended.

 

4315.7To be considered for award, a bid shall be required to comply with all the requirements of the solicitation.

 

4315.8The CCO shall evaluate bids without discussions with bidders when the competitive sealed bidding method of procurement is utilized.

 

4315.9The CCO shall prescribe the manner in which bids shall be submitted:

 

(a)Typewritten in hard copy and mailed via U.S. mail; or

 

(b)Typewritten in electronic copy.

 

4315.10Bids shall be submitted so they will be received in the office designated in the solicitation not later than the exact date and time set for receipt of bids.

 

4315.11Bids received at the place designated in the solicitation after the time and date set for receipt of bids shall be considered late.

 

4315.12Bids shall not be sent via registered or certified mail.

 

4315.13Bids sent in hard copy via U.S. mail or via any overnight mail carrier are mailed at the risk of the bidder. Bids sent in soft copy via an electronic process shall be determined timely based on the time bids are received by the Library's electronic mail system.

 

4315.14A bidder may modify or withdraw its bid by submitting a written notice to the CCO. The notice must be received in the office designated in the solicitation before contract award.

 

4315.15Prior to bid opening, the CCO may cancel the IFB if the CCO determines that cancellation is in the best interest of the Library.

 

4315.16If a solicitation is canceled under section 4315.15, the CCO shall send a notice to all bidders who received the solicitation.

 

4315.17All bids, withdrawals and modifications shall be opened publicly in the presence of one or more persons at the time, date and place specified in the solicitation. The name of the bidder, price, and other relevant information shall be read aloud and recorded on a bid summary.

 

4315.18The CCO shall examine each bid for mistakes after the bid opening.

 

4315.19The CCO shall have the discretion to waive minor mistakes, minor informalities or minor irregularities in bids if waiver is in the best interest of the Library.

 

4315.20If the CCO has reason to believe that a mistake has been made, the CCO shall request the bidder to verify the bid and the suspected mistake.

 

4315.21If the bidder confirms a mistake has been made or if a bidder alleges a mistake, the matter shall be processed before award in accordance with the following:

 

(a)If the bidder submits a written notice of the alleged mistake within five business days of notification by the CCO or within five business days from when the bidder discovers a mistake;

 

(b)The authority to permit corrections of bids is limited to bids that, as submitted, are responsive to the solicitation and shall not be used to permit correction of bids to make them responsive;

 

(c)Correction of an apparent clerical mistake may be permitted before award; and

 

(d)A bidder may be permitted to withdraw a low bid in either of the following circumstances:

 

(1)If a mistake is clearly evident on the face of the bid document but the intended bid is not similarly evident; or

 

(2)If the bidder submits evidence which clearly and convincingly demonstrate that a mistake was made.

 

4315.22When a bid is corrected or withdrawn, or when the CCO denies the correction or withdrawal, the CCO shall prepare a determination showing that the relief was granted or denied.

 

4315.23If a mistake in bid is not discovered until after award, the mistake may be corrected by contract modification if correcting the mistake would be favorable to the Library without changing the essential requirements of the specifications

 

4315.24In addition to the circumstances contemplated in this section, or as otherwise authorized by law, if a mistake in a bid is not discovered until after award, one (1) of the following determinations shall be made:

 

(a)To reform the contract to delete the items involved in the mistake or to reform the contract to increase the price if the contract price, as corrected, does not exceed that of the next lowest acceptable bid under the original bid;

 

(b)That no change shall be made in the contract as awarded: or

 

(c)To terminate the contract.

 

4315.25Determinations under this section shall be made only on the basis of clear and convincing evidence that a mistake was made by the contractor, and was so apparent as to have given the contracting officer notice of the probability of the mistake.

 

4315.26The CCO shall make a contract award by written or electronic notice to the responsive offeror whose bid, conforming to the IFB, will be most advantageous to the Library, considering only price or price-related factors specified in the IFB.

 

4315.27The CCO shall include in the contract file a record of each determination made in accordance with this section, the facts involved, and the action taken.

 

source

Final Rulemaking published at 55 DCR 493 (January 18, 2008).