Section 22-B9506. SOLICITATIONS

 

9506.1After issuance of a solicitation, but before the date and time set for receipt of bids/proposals, changes may be made in the solicitation to reflect any of the following:

 

(a)Significant changes in quantity, specifications, or deliver schedules;

 

(b)The correction of defects or ambiguities;

 

(c)Any change in the closing/opening date for receipt of bid proposals; or

 

(d)any other appropriate purpose affecting the procurement.

 

9506.2Each amendment shall be distributed no later than three (3) business days prior to the bid opening or closing date to allow prospective bidders/offerors to consider the information in submitting their bid/offer.

 

9506.3Amendments to the solicitation shall be identified as such and shall require the bidder/offeror to acknowledge its receipt.

 

9506.4If the original time and date set in the solicitation for receipt of bids/offers does not permit preparation of the bid/offer, an increase in the time and for submission of the bids/offers may be allowed. The Hospital may increase the time for submission of the bids/offers by facsimile transmission, telegraph, or telephone. The extension of time shall be confirmed in a subsequent written amendment.

 

9506.5Prior to the opening of bids/proposals or after the opening but before the award, a solicitation may be canceled if is determined to be in the best interest of the Hospital.

 

9506.6When a solicitation is canceled, notice of cancellation shall be sent to all prospective bidders/offerors to whom the solicitation has been furnished.

 

9506.7Any response to a solicitation received at the place designated in the solicitation after the exact time and date set for receipt of such shall be considered “late” unless either of the following applies:

 

(a)It was sent by registered or certified mail not later than five (5) calendar days before the solicitation receipt date specified;

 

(b)It was sent by mail and it is determined that the late receipt was due solely to mishandling by the Hospital after receipt at the location specified.

 

(c)The bid/offer is the only solicitation received before the close of business on the bid opening date.

 

9506.8Any request for withdrawal or request for modification received after the time and date set for opening of bids/offers shall be considered late.

 

9506.9If a contract provides for the exercise of an option, the solicitation shall include appropriate option clauses, approved by the CO.

 

9506.10Each solicitation containing an option provision shall state the basis of evaluation, either exclusive or inclusive of the option, and, when appropriate, shall inform bidders that the Hospital may exercise the option at the time of award.

 

9506.11A solicitation may require that an option must be offered at prices no higher than those for the initial requirements in either of the following circumstances:

 

(a)When the option quantities will not be evaluated for award purposes, or

 

(b)When future competition for the option is not practical.

 

9506.12A solicitation that requires the offering of an option at prices no higher than those for the initial requirement shall specify the following:

 

(a)That the Hospital will accept an offer containing an option price higher than the base price only if the acceptance does not prejudice any other offeror; and

 

(b)That option quantities for additional supplies will be limited to not more than fifty percent (50%) of the initial quantity of the same contract line item. However, in unusual circumstances, the CO may approve a greater percentage or quantity.

 

9506.13Each solicitation and contract shall state the period within which an option may be exercised and the period shall be set in order to provide the contractor adequate lead time to ensure continuous production or services.

 

9506.14A solicitation or contract may express options for increased quantities of supplies or services in terms of the following:

 

(a)A percentage of specific line items;

 

(b)An increase in specific line items; or

 

(c)An additional numbered line item identified as the option.

 

9506.15In deciding which firms to notify of a change, the CO shall consider the following:

 

(a)If proposals are not yet due, the amendment shall be sent to all firms that have received a solicitation;

 

(b)If the time for receipt of proposals has passed but proposals have not yet been evaluated, the amendment shall be sent only to the responding offerors; and

 

(c)If the competitive range has been established, the amendment shall be sent only to those offerors within the competitive range.

 

9506.16If a change is so substantial that it warrants complete revision, the original solicitation, shall be canceled and at the Hospital’s option a new one may be issued. The new solicitation shall have a new number and shall be issued to all firms originally solicited and to any firms added to the original list, and shall be advertised in accordance with the requirements of this title.

 

source

Final Rulemaking published at 41 DCR 4508, 4511 (July 8, 1994).