5327.1 The two-step sealed bidding method may be used for procurements requiring technical proposals, for complex items, and when the Contracting Officer determines that proposers should be prequalified.

5327.2 The Contracting Officer shall conduct the two-step sealed bidding method as follows:

(a) The first step consists of solicitation of technical proposals or qualification statements, evaluation of proposals or qualifications statements, and if it is determined to be necessary by the Contracting Officer, discussion with those who have submitted proposals or qualification statements.

(b) The second step involves the submission of a sealed price bid by those who submitted proposals or qualifications statements determined to be acceptable by the Contracting Officer.

5327.3 The Contracting Officer shall not request and submitters shall not submit, price or price information in step one of Section 5327.2.

5327.4 The Contracting Officer shall determine the acceptability of the proposals or qualification statements which are offered through clarification and discussion utilizing criteria set forth in the solicitation.

5327.5 The Contracting Officer shall make awards in accordance with the best interest of WASA, including price.

5327.6 A multi-year contract requirement shall not preclude the use of two-step bidding.

SOURCE: Emergency Rulemaking published at 46 DCR 613 (January 22, 1999) [EXPIRED]; as Final Rulemaking published at 46 DCR 7349 (September 17, 1999).