1750479 Notice of Emergency Rulemaking - implementing certain requirements for procurements by competitive sealed bidding in sections 402 and 414 of the Procurement Practices Reform Act of 2010.

OFFICE OF CONTRACTING AND PROCUREMENT

NOTICE OF EMERGENCY 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 Supp.) (Act), hereby gives notice of the adoption of the following emergency 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. The current emergency rules expired on September 5, 2011.  No changes have been made to the text of the rules as published.

 

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 an Invitation for Bid (IFB) and no longer requires notice to the Inspector General when an IFB is cancelled. Adoption of these emergency rules is therefore necessary for the immediate preservation of the public safety and welfare.  All of Chapter 15 is currently under revision and these emergency rules will be incorporated into the rulemaking for the new chapter 15 which will be published before these emergency rules expire.

 

The emergency rules will remain in effect for up to one hundred twenty (120) days from September 9, 2011, the date of their adoption; thus, expiring on January 7, 2012, or upon publication of a Notice of Final Rulemaking in the D.C. Register, whichever occurs first. 

 

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.