D.C. Mun. Regs. tit. 21, § 5325
5325.1 A Contracting Officer shall publicize all requirements for architect-engineer services and negotiate contracts for these services on the basis of demonstrated competence and qualifications for the services required and at a fair and reasonable price as determined by the Contracting Officer. A Contracting Officer shall select a consultant for architect-engineer services in accordance with the provisions of this section.5325.2 When procuring architect-engineer services, the General Manager may appoint one (1) or more permanent or ad hoc architect-engineer proposal evaluation committees which shall be composed of members who collectively have experience in architecture, engineering, construction and WASA procurement procedures.5325.3 No architect-engineering firm shall be eligible for an award for an architect-engineer contract during the period in which any of its principals or associates are participating as members of an architect-engineer evaluation committee.5325.4 The Contracting Officer shall receive and maintain data on firms that request to be considered for WASA architect-engineering services and may refer this data to an architectural-engineering evaluation committee for review, recommendation and comment.5325.5 The Contracting Officer shall negotiate a contract with the highest qualified firm that in the Contracting Officer's judgment will provide the best value to WASA.5325.6 The Contracting Officer shall under the direction of the General Manager:- (a) Negotiate a contract with the firm determined by the Contracting Officer to have demonstrated the required competence and qualification and which has offered a fair and reasonable price. In making these determinations, the Contracting Officer shall take into account the estimated value of the services to be rendered, the scope, complexity, and professional nature of the services to be provided.
- (b) Should the Contracting Officer be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a fair and reasonable price, negotiations with that firm should be formally terminated. The Contracting Officer should then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the Contracting Officer should then undertake negotiations with the next most qualified firm.
- (c) Should the Contracting Officer be unable to negotiate a satisfactory contract with any of the three most qualified firms, he or she may negotiate with other qualified firms until an agreement is reached or until the Contracting Officer makes a written determination that future negotiations are not in the best interest of WASA.
SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).