1808485 Notice of Final Rulemaking - Competitive Sealed Bids  

  • 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 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 and 2-361.06)(2011 Repl.)) (Act), hereby gives notice of the adoption of the following rules to amend chapter 15, Procurement by Competitive Sealed Bidding, of title 27, Contracts and Procurements, of the District of Columbia Municipal Regulations.  The rulemaking implements certain requirements for procurements by competitive sealed bidding in sections 402 and 414 of the Act.

     

    These rules were adopted as emergency and proposed rules on May 6, 2011, and published in the D.C. Register on May 27, 2011, at 58 DCR 4668.  Emergency rules were adopted on September 9, 2011, and published in the D.C. Register on September 30, 2011, at 58 DCR 8381. The current emergency rules expire on January 7, 2012.  No changes have been made to the text of the rules as published. The CPO took final action to adopt these rules on November 8, 2011.

     

    The rulemaking will become effective upon publication in the D.C. Register.

     

     

    Chapter 15, PROCUREMENT BY COMPETITIVE SEALED BIDDING, of title 27, CONTRACTS AND PROCUREMENTS, of the DCMR is amended as follows:

     

    Section 1503, Time for Submission of Bids, subsection 1503.1, is amended to read as follows:

     

    1503.1             The contracting officer shall provide a reasonable time for prospective bidders to prepare and submit bids in all IFB’s, consistent with the needs of the District, but in no event less than fourteen (14) days from the first day of publication, unless the Director determines that it is appropriate to shorten the notice period to a period not less than three (3) days.

     

    Section 1518, Cancellation of Invitations for Bids Before Opening, is amended in its entirety to read as follows:

     

    1518                CANCELLATION OF INVITATIONS FOR BIDS BEFORE OPENING

     

    1518.1             An IFB shall not be canceled unless the Director determines in writing that cancellation is in the best interest of the District.

     

    1518.2             If an IFB is canceled, bids that have been received shall be returned unopened to the bidders.

     

    1518.3             The contracting officer shall send a notice of cancellation to all prospective bidders to which IFB’s were issued.

     

    Section 1530, Cancellation of Invitation for Bids After Opening, subsection 1530.1 is amended to read as follows:

     

    1530.1             An IFB may be canceled, or all bids rejected, only if the Director determines in writing that the action taken is in the best interest of the District.  If all bids have been rejected, the contracting officer shall cancel the solicitation.