Section 27-2702. NONCOMPLIANCE WITH BID SECURITY REQUIREMENTS

 

2702.1If a bid fails to comply with the bid security requirements set forth in the solicitation, the contracting officer shall reject the bid. However, the contracting officer may accept the bid if the contracting officer determines in writing that both of the following apply:

 

(a)The bid or proposal meets the criteria set forth in this section; and

 

(b)Acceptance of the bid or proposal would be in the best interests of the District.

 

2702.2If only one bid is received, the bid may be accepted and the contracting officer shall require the furnishing of the bid security before the contract is signed.

 

2702.3If the amount of the bid security is less than required, but is equal to or greater than the difference between the bid price and the next higher acceptable bid, the bid may be accepted.

 

2702.4If the amount of the bid security submitted, although less than that required by the solicitation for the maximum quantity bid upon, is sufficient for a quantity for which the bidder is otherwise eligible for award, the bid may be accepted. Any award to the bidder or offeror shall not exceed the quantity covered by the bid security.

 

2702.5If the bid security becomes inadequate as a result of the correction of a mistake, the bid may be accepted if the bidder agrees to increase the bid security to the level required for the corrected bid.

 

2702.6If the bid security is received late, and late receipt is waived in accordance with §1523 of this title, the bid may be accepted.

 

source

Final Rulemaking published at 35 DCR 1598 (February 26, 1988).