5681307 Contracting and Procurement, Office of - Notice of Proposed Rulemaking - Amends Title 27 DCMR by adding Chapter 29 on Special Pilot Procurements to implement Section 408 of the Procurement Practices Reform Act of 2010, effective April 8, ...

OFFICE OF CONTRACTING AND PROCUREMENT

 

NOTICE OF PROPOSED RULEMAKING

 

The Chief Procurement Officer (CPO) of the District of Columbia, 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 (2012 Repl.)) (Act), hereby gives notice of the intent to adopt a final rulemaking to add a new Chapter 29 (Special Pilot Project Procurements) to Title 27 (Contracts and Procurement) of the District of Columbia Municipal Regulations (DCMR).

 

This rulemaking provides procedures to implement Section 408 of the Act to consider proposals to satisfy a new or unique District requirement or obtain a new technology.

 

The CPO gives notice of intent to take final rulemaking action in not less than thirty (30) days from the date of publication in the D.C. Register.  

 

A new Chapter 29, SPECIAL PILOT PROJECT PROCUREMENTS, of Title 27 DCMR, CONTRACTS AND PROCUREMENT, is added to read as follows:

 

CHAPTER 29     SPECIAL PILOT PROJECT PROCUREMENTS

 

2900                PRELIMINARY PREPARATIONS

 

2900.1             Special pilot projects (SPPs) may be proposed for goods, services, or construction. 

 

2900.2             SPPs may be initiated by an unsolicited proposal or by an agency on its own initiative. 

 

2900.3             An agency may engage in preliminary discussions with a prospective contractor to explore the feasibility of an SPP.  Such discussions are not negotiations for award.

 

2900.4             A summary of any prior discussions shall be disclosed to the contracting officer prior to final negotiations.

 

2900.5             All negotiations for contract award shall be conducted by the contracting officer.

 

2900.6             An SPP shall be made with as much competition as practicable.

 

2900.7             Prior to award of a contract for an SPP, the Director shall prepare a determination and findings that shall include:

 

(a)        The reasons warranting an SPP procurement and the selection of the proposed contractor;

 

(b)        A statement that the product, approach, or technology cannot be reasonably acquired through a competitive solicitation, if applicable, and the potential advantages to the District for using this method of source selection;

 

(c)        A statement that testing or experimentation is advisable to evaluate a new and unique District requirement or new technology;

 

(d)       A statement that the term of the contract is reasonable to test and evaluate the product, approach, or technology for the SPP;

 

(e)        A statement that the District intends to competitively acquire the product, approach, or technology if, after testing and evaluation, a decision is reached to continue its use within the District; and

 

(f)        A statement that the proposed price is fair and reasonable.

 

2901                CONTRACT AWARD

 

2901.1             The contracting officer shall post the determination and findings with the notice of award on the Internet within seven (7) days of award.

 

2901.2             The term of a contract for an SPP shall not exceed one (1) year, unless otherwise approved by the Director.

 

2901.3             At the conclusion of the contract term, the using agency shall assess whether to acquire the product, approach, or technology under the provisions of another chapter in this title, or to discontinue the use of the product, approach, or technology.

 

2999                DEFINITIONS

 

2999.1             When used in this chapter, the following terms have the meanings ascribed:

 

Special pilot project – a short-term, carefully planned, pilot exercise designed to test and evaluate the feasibility of a new and unique District requirement or to obtain a new technology. 

 

Director – the Director of the Office of Contracting and Procurement or the District of Columbia Chief Procurement Officer.

 

 

All persons desiring to comment on the subject matter of this proposed rulemaking should submit comments to the Chief Procurement Officer, 441 4^th Street, 700 South, Washington, D.C. 20001.  Comments may be sent by email to [e-mail], by postal mail or hand delivery to the address above.  Comments must be received no later than thirty (30) days after the date of publication of this notice in the D.C. Register.  A copy of this proposed rulemaking may be requested at the same address, or e-mail as above, or by calling [phone].