1180410 Notice of Emergency and Proposed Rulemaking to amend chapter 15, Procurement by Competitive Sealed Bidding, of title 27 DCMR
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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; 58 DCR 1185 (May 13, 2011)) (Act), hereby gives notice of the adoption of the following emergency rules and of the intent to adopt final rulemaking to amend chapter 15, Procurement by Competitive Sealed Bidding, of title 27, Contracts and Procurements, of the District of Columbia Municipal Regulations (DCMR).
The rulemaking implements certain of requirements for procurements by competitive sealed bidding in sections 402 and 414 of the Act.
Without these emergency rules, the Office of Contracting and Procurement will not be in compliance with the Act. The Act reduces the notice time for publication of Invitations for Bids and no longer requires notice to the Inspector General when an Invitation for Bids is cancelled. Adoption of these emergency rules to amend Chapter 15 is thus necessary for the immediate preservation of the public safety or welfare, in accordance with D.C. Official Code § 2-505(c) (2006 Repl.).
The emergency rules were adopted on May 6, 2011, and became effective immediately. The emergency rules will remain in effect for up to one hundred twenty (120) days from the date of adoption or upon publication of a Notice of Final Rulemaking in the D.C. Register, whichever occurs first. The CPO gives notice of intent to take final rulemaking action in not less than thirty (30) days from the date of publication of this notice 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 TIME FOR SUBMISSION OF BIDS
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 CANCELLATION OF AN INVITATION FOR BIDS AFTER OPENING
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.
All persons desiring to comment on the subject matter of this proposed rulemaking should submit comments, in writing, to the Chief Procurement Officer, 441 4th Street, 700 South, Washington, D.C. 20001. 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.
