Section 30-2252. TWO-STEP BIDDING SOLICITATION  


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    2252.1Each request for technical proposals shall be publicized and distributed in accordance with § 2202 of this chapter and shall include, at least, the following:

     

    (a) A clear written statement that the Agency intends to use the two-step method and that the request for technical proposals is the first step in a two- part process;

     

    (b) A description of the supplies or services required;

     

    (c) The requirements of the technical proposal;

     

    (d) The evaluation criteria; and

     

    (e) The date and hour by which the proposal must be received.

     

    2252.2Each request for technical proposals shall also contain the following statements:

     

    (a) A statement that the technical proposals shall not include prices or pricing information;

     

    (b) A statement that in the second step only bids based upon those technical proposals determined to be acceptable, either Initially or as a result of discussions, will be considered for awards and that each bid in the second step must be based on the prospective bidder's own technical proposals;

     

    (c) A statement that prospective bidders should submit proposals that are acceptable without additional explanation or information that the contracting officer may make a final determination regarding the acceptability of the proposal solely on the basis of the proposal as submitted, and that the Agency may proceed with the second step without requesting further information from any prospective bidder; Provided, that the contracting officer may request additional information from submitters of proposals that it considers reasonably susceptible of being made acceptable and may discuss proposals with these potential bidders;

     

    (d) A statement that a notice of unacceptability will be forwarded to the prospective bidder upon completion of the proposal evaluation and final determination of unacceptability; and

     

    (e) A statement either that only one (1) technical proposal may be submitted by each prospective bidder or that multiple technical proposals may be submitted.

     

    2252.3When specifications permit different technical approaches, multiple proposals may be authorized if it would be in the best interests of the Agency.

     

    2252.4The request shall indicate that information in the technical proposal on delivery or performance is not binding on the Agency, and that the actual delivery or performance requirements will be contained in the IFB issued under step two.

     

source

Final Rulemaking published at 36 DCR 6681, 6736 (September 22, 1989).