4759322 Contracting and Procurement, Office of - Notice of Emergency and Proposed Rulemaking to allow publication of the names of offerors that will receive an RFP

OFFICE OF CONTRACTING AND PROCUREMENT

NOTICE OF EMERGENCY AND PROPOSED 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)(2012 Repl.))(Act), hereby gives notice of the adoption of the following emergency rules, and of the intent to adopt final rulemaking, to amend Section 1615 of Chapter 16, Procurement by Competitive Sealed Proposals, of Title 27, Contracts and Procurement, of the District of Columbia Municipal Regulations (DCMR).

 

When the District issues a Request for Qualifications (RFQ) before issuing a Request for Proposals (RFP), the contracting officer will determine the financial and professional responsibility of each offeror and rank them from the most qualified to the least qualified on the basis of the information provided.  The RFP is then issued only to the highest-ranked offerors. Under the current rules, all information contained in proposals, and the number and identity of the offerors, may not be publicly disclosed prior to award of the contract.  The rulemaking is necessary to provide to certified business enterprises (CBEs) the names of those highest-ranked offerors who will receive the RFP.  This information will greatly enhance CBEs’ ability to negotiate subcontracting opportunities with the offerors who will receive an RFP. 

 

Since CBEs currently do not have access to the names of the highest-ranked offerors under upcoming RFQ procurements, they will be unable to compete for many subcontracting opportunities until the rulemaking becomes final.  Therefore adoption of these emergency rules is necessary for the immediate preservation and promotion of public safety and welfare.

 

The emergency rules will remain in effect for up to one hundred twenty (120) days from January 16, 2014, the date of their adoption; thus, expiring on May 16, 2014, or upon publication of a Notice of Final Rulemaking in the D.C. Register, whichever occurs first. 

 

Chapter 16, PROCUREMENT BY COMPETITIVE SEALED PROPOSALS, of Title 27, CONTRACTS AND PROCUREMENTS, of the DCMR is amended as follows:

 

Section 1615.7 is amended to read as follows:

 

1615.7             The contracting officer shall determine the financial and professional responsibility of each prospective contractor and rank them in writing from the most qualified to the least qualified on the basis of the information provided. Notwithstanding the provisions of § 1629, prior to the issuance of the RFP the contracting officer may make available the identities of the highest-ranked offerors who will be issued an RFP.

 

 

All persons desiring to comment on the subject matter of this proposed rulemaking should submit comments, in writing, to the Chief Procurement Officer, 441 4^th Street, 700 South, Washington, D.C. 20001.  Comments may be sent by email to [e-mail] or may be submitted 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 obtained at the same address.