Section 27-1531. NEGOTIATIONS AFTER CANCELLATION

 

1531.1By determination, the Director may authorize the use of negotiations if an IFB is canceled after bid opening for any of the following reasons:

 

(a)  All otherwise acceptable bids received are at unreasonable prices, or only one (1) bid is received and the contracting officer cannot determine the reasonableness of the bid price;

 

(b)  The bids were not independently arrived at in open competition, were  collusive, or were submitted in bad faith; or

 

(c)  No responsive bid has been received from a responsible bidder.

 

1531.2If the Director determines that an IFB should be canceled and that the use of negotiations is in the District’s best interest, the contracting officer may negotiate and award a contract without issuing a new solicitation, provided that:

 

(a) All responsible bidders under the IFB have been given notice that negotiations shall be conducted and have been given the opportunity to participate in the negotiations; and

 

(b) The contract is awarded to the responsible bidder with the lowest negotiated price.

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authority

The Chief Procurement Officer of the District of Columbia (CPO), pursuant to the authority set forth in sections 401, 402, 409, 414, 1102, and 1106 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code §§ 2-354.01, 2-354.04, 2-354.14, 2-361.02 and 2-361.06 (2011 Repl.)) (Act).

source

Final Rulemaking published at 35 DCR 1433 (February 26, 1988); as amended by Notice of Emergency and Proposed Rulemaking published at 59 DCR 3714 (March 6, 2012)[EXPIRED]; as amended by Notice of Final Rulemaking published at 59 DCR 6290, 6301 (June 1, 2012).

EditorNote

Section 1531 is formerly entitled, "Rejection of Individual Bids." Notice of Final Rulemaking published at 59 DCR 6290 (June 1, 2012) replaced the section with a new section entitled, "Negotiations After Cancellation."