Section 8-A2516. PROCUREMENT BY COMPETITIVE SEALED PROPOSALS

 

2516.1When it is determined in writing by the Director of Procurement that the use of competitive sealed bidding is not practical, but that there is more than one (1) available source for the subject of the contract, the contract may be awarded by using competitive sealed proposals.

 

2516.2Each request for proposals ("RFP") shall indicate the relative importance of each evaluation factor, including price.

 

2516.3Each RFP shall include a statement of work which shall be used as a basis for the evaluation of proposals.

 

2516.4Proposals shall be solicited from the maximum number of qualified sources and in a manner consistent with the nature of the need for the supplies or services, with adequate public notice. In no event shall the notice required in this subsection be less than thirty (30) calendar days for all contracts.

 

2516.5The notice required under §2516.4 shall include publication in a newspaper of general circulation, in trade publications considered appropriate by the Director of Procurement, in the "District of Columbia Procurement Digest," or any combination of publications which, in the opinion of the Director of Procurement, will give adequate public notice.

 

2516.6Any written or oral negotiations shall be conducted with all of the responsible offerors in a competitive range. These negotiations may not disclose any information derived from proposals submitted by competing offerors.

 

2516.7If the RFP includes a notice to all offerors, negotiations need not be conducted with respect to the following:

 

(a)With respect to prices fixed by law or regulation, except that consideration shall be given to competitive terms and conditions;

 

(b)If time of delivery or performance will not permit negotiations; or

 

(c)If it can be demonstrated clearly from the existence of adequate competition or accurate prior cost experience with the specific supply or service that acceptance of an initial offer without negotiation would result in a fair and reasonable price.

 

2516.8After all approvals required by law or rules and regulations have been obtained, the contract shall be awarded to the responsible offeror whose proposal is determined to be the most advantageous to the School of Law, considering price and the evaluation factors set forth in the RFP.

 

2516.9The provisions of chapter 16 of the D.C. Procurement Regulations shall apply to procurement by the School of Law, except as provided otherwise in this section.

 

2516.10The provisions of §1600 of the DCPR are superseded by this section and shall not apply to procurement by the School of Law.

 

2516.11The requirement in §1618.8 of the DCPR for reporting a cancelled RFP to the Inspector General shall not apply to procurement by the School of Law. The Director shall notify the Dean of the School of Law within seventy-two (72) hours of the cancellation.

 

source

Final Rulemaking published at 35 DCR 5822 (July 29, 1988).