Section 27-1542. ECONOMIC PRICE ADJUSTMENTS

 

1542.1If a solicitation does not contain an economic price adjustment clause, but a bidder proposes an adjustment clause with a ceiling that the price will not exceed, the contracting officer shall evaluate the bid on the basis of the maximum possible economic price adjustment of the quoted base price.

 

1542.2If a bid received with an unsolicited economic price adjustment clause is eligible for award, the contracting officer shall request the bidder to agree to the inclusion in the award of a standard District economic price adjustment clause, approved by the Director, which is subject to the same ceiling.  If the bidder will not agree to an approved clause, the contracting officer may award the contract on the basis of the bid as originally submitted.

 

1542.3The contracting officer shall reject a bid that contains an economic price adjustment with no ceiling unless a clear basis for evaluation exists.

 

1542.4If an IFB contains an economic price adjustment clause and no bidder takes exception to the provisions, the contracting officer shall evaluate bids on the basis of the quoted prices without the addition of the allowable economic price adjustment.

 

1542.5If a bidder increases the maximum percentage of economic price adjustment stipulated in the IFB or limits the downward economic price adjustment provisions of the IFB, the contracting officer shall reject the bid as nonresponsive.

 

1542.6If a bid indicates deletion of the economic price adjustment clause, the contracting officer shall reject the bid as nonresponsive.

 

1542.7If a bidder decreases the maximum percentage of economic price adjustment stipulated in the IFB, the contracting officer shall evaluate the bid at the base price on an equal basis with bids that do not reduce the stipulated ceiling.  However, after evaluation, if the bidder offering the lower ceiling is in a position to receive the award, the award shall reflect the lower ceiling.

 

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 1438 (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, 6307 (June 1, 2012).

EditorNote

Section 152is formerly entitled, "Economic Price Adjustment." Notice of Final Rulemaking published at 59 DCR 6290 (June 1, 2012) replaced the section with a new section entitled, "Economic Price Adjustments."