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OFFICE OF CONTRACTING AND PROCUREMENT
NOTICE OF FINAL RULEMAKING
The Chief Procurement Officer of the District of Columbia (CPO), pursuant to the authority set forth in sections 204, 402, 403, 404, 405, 406, 408, 1104, and 1106 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code §§ 2-352.04, 2-354.02, 2-354.03, 2-354.04, 2-354.05, 2-354.06, 2-354.08, 2-361.04, and 2-361.06)(2011 Repl.)(Act), hereby gives notice of the adoption of the following rulemaking to replace chapter 13, Publicizing Contract Actions, of title 27, Contracts and Procurement, of the District of Columbia Municipal Regulations (DCMR).
These rules were adopted as emergency and proposed rules on September 6, 2011, and published in the D.C. Register on September 30, 2011, at 58 DCR 8383. No changes have been made to the rulemaking as published. The CPO took final action to adopt these rules on November 7, 2011.
The rulemaking will become effective upon publication in the D.C. Register.
Chapter 13, PUBLICIZING CONTRACT ACTIONS, of title 27, CONTRACTS AND PROCUREMENTS, of the DCMR is amended as follows:
Chapter 13, Publicizing Contract Actions, is replaced in its entirety as follows:
CHAPTER 13
PUBLICIZING CONTRACT ACTIONS
1300 GENERAL PROVISIONS
1300.1 The Director shall maintain an Office of Contracting and Procurement (OCP) Internet site that provides the public with notice of opportunities to participate in the District’s procurement process, notice of contract awards and other relevant information about District procurements.
1301 NOTICE OF PROPOSED SOLICITATIONS
1301.1 An agency shall give public notice of a solicitation in accordance with §§ 402 and 403 of the District of Columbia Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code §§ 2-354.02 and 2-354.03) (2011 Supp.) (Act).
1301.2 Except as provided in § 1301.5 of this chapter, the contracting officer shall publish each proposed solicitation over one hundred thousand dollars ($100,000) and up to two hundred fifty thousand dollars ($250,000) on OCP’s Internet site, and may publish the solicitation using any other methods reasonably available, such as newspapers or trade publications.
1301.3 Except as provided in § 1301.5 of this chapter, the contracting officer shall publish each proposed solicitation over two hundred fifty thousand dollars ($250,000) on the OCP Internet site and in a newspaper of general circulation and in trade publications considered by the Director to be appropriate to give adequate public notice.
1301.4 A contracting officer may place additional advertisements of solicitations when it is in the best interest of the District.
1301.5 The requirements for advertisement of solicitations set forth in this section shall not apply to the following:
(a) Emergency procurements;
(b) Small purchases;
(c) Procurement of architect-engineering services;
(d) Procurement of medical and human care services; and
(e) Procurements exempt from competition under § 413 of the Act.
1302 INVITATION FOR BIDS
1302.1 An Invitation for Bids (IFB) shall be advertised for at least fourteen (14) days before the date set for the receipt of bids, unless the Director determines in writing that it is appropriate to shorten the notice period to not less than three (3) days. The Director shall consider the following factors in determining whether it is appropriate to shorten a notice period:
(a) The complexity of the procurement;
(b) Subcontracting requirements;
(c) The degree of urgency;
(d) The impact of a shortened notice period on competition; and
(e) Any other relevant factors.
1303 REQUESTS FOR PROPOSALS
1303.1 A Request for Proposals (RFP) shall be advertised for at least twenty-one (21) days before the date set for the receipt of proposals, unless the Director determines in writing that it is appropriate to shorten the notice period to not less than fourteen (14) days. The Director shall consider the following factors in determining whether it is appropriate to shorten the notice period:
(f) The complexity of the procurement;
(g) Subcontracting requirements;
(h) The degree of urgency;
(i) The impact of a shortened notice period on competition; and
(j) Any other relevant factors.
1304 NOTICE OF INTENT TO AWARD A SOLE SOURCE CONTRACT
1304.1 A notice of intent to award a sole source contract shall be published on the OCP Internet for at least ten (10) days prior to contract award if the estimated price is over five thousand dollars ($5,000).
1304.2 A notice of intent to award a sole source contract shall include:
(a) A copy of the proposed determination and findings required under § 404(b) of the Act;
(b) A clear description of the item to be procured;
(c) The procuring agency;
(d) A response due date;
(e) A point of contact; and
(f) The intended sole source contractor.
1304.3 Sole source awards, regardless of dollar value, shall be published in accordance with the provisions in § 1305 of this chapter.
1305 NOTICE OF CONTRACT AWARDS OVER ONE HUNDRED THOUSAND DOLLARS ($100,000)
1305.1 The following documents related to each contract award over one hundred thousand dollars ($100,000) shall be published on the OCP Internet site within seven (7) days of award:
(a) The solicitation and all amendments thereto;
(b) The contract and all modifications thereto;
(c) Determinations and findings; and
(d) Change orders.
1305.2 All information published under this § 1305 shall be removed from the Internet site upon the expiration or termination of the contract, or after five (5) years of award, whichever is longer.
1305.3 The provisions of this § 1305 shall apply to contract awards for all District agencies and departments, whether or not they are subject to the authority of the Chief Procurement Officer.
1306 NOTICE OF AWARDS OF HUMAN CARE AGREEMENTS
1306.1 Human care agreement awards, regardless of dollar value, shall be published in accordance with the provisions in § 1305 of this chapter.
1307 NOTICE OF EMERGENCY PROCUREMENTS
1307.1 Emergency procurement awards, regardless of dollar value, shall be published in accordance with the provisions in § 1305 of this chapter.
1308 NOTICE OF SPECIAL PILOT PROCUREMENTS
1308.1 Unless otherwise determined by the Director, a notice of intent to use the special pilot procurement method shall be published on the OCP Internet for at least ten (10) days prior to discussions. The notice shall include:
(a) A copy of the proposed determination and findings required under § 408(c) of the Act;
(b) A clear description of the goods or services to be procured;
(c) The name of the proposed contractor, if the agency has identified a proposed contractor;
(d) The procuring agency;
(e) How vendors may express their interest in providing the required goods or services;
(f) A point of contact; and
(g) A response due date.
1308.2 Special pilot awards, regardless of dollar value, shall be published in accordance with the provisions in § 1305 of this chapter.
