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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 30. LOTTERY AND CHARITABLE GAMES |
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Chapter 30-22. PROCUREMENT BY COMPETITIVE SEALED BIDDING |
Section 30-2231. REJECTION OF INDIVIDUAL BIDS
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2231.1Any bid that fails to conform to the essential requirements of the IFB shall be rejected.
2231.2Any bid that does not conform to the applicable specifications shall be rejected unless the IFB authorized the submission of alternate bids and the supplies offered as alternates meet the requirements specified in the IFB.
2231.3Any bid that fails to conform to the delivery schedule or permissible alternates stated in the IFB shall be rejected.
2231.4A bid shall be rejected if the bidder imposes conditions that would modify requirements of the IFB or limit the bidder's liability to the Agency. A bid shall be rejected if the bidder does the following:
(a) Protects against future changes in conditions, such as increased costs, if total possible increased costs to the Agency cannot be determined;
(b) Fails to state a price and indicates that price shall be "price in effect at time of delivery" or words of equivalent meaning;
(c) States a price but qualifies it as being subject to "price in effect at time of delivery" or words of equivalent meaning;
(d) When not authorized by an IFB, the bidder conditions or qualifies a bid by stipulating that it is to be considered only if, before date of award, the bidder receives (or does not receive) award under a separate solicitation; or
(e) Limits the rights of the Agency under any contract clause.
2231.5A low bidder may be requested to delete objectionable conditions from a bid, so long as the conditions do not go to the substance, as distinguished from the form, of the bid or would give the bidder an unfair advantage over other bidders. A condition goes to the substance of a bid when it affects price, quantity, quality, or delivery of the items or services offered.
2231.6Any bid may be rejected if the contracting officer determines in writing that the bid price is unreasonable.
2231.7A bid received from any bidder that is suspended, debarred, or otherwise ineligible shall be rejected if the period of suspension, debarment, or ineligibility has not expired by the bid opening date.
2231.8Low bids received from bidders determined to be not responsible shall be rejected.
2231.9When a bid security is required and a bidder fails to furnish the security in accordance with the requirements of the IFB, the rules set forth in §2701 of Chapter 27 of Title 27 DCMR shall be applicable.
2231.10The originals of all rejected bids, and any written findings with respect to the rejections, shall be maintained in the contract file.
2231.11If the contracting officer determines that it is necessary to reject all bids, the contracting officer shall notify each bidder that all bids have been rejected and shall state the reason for the action.