D.C. Mun. Regs. tit. 27, § 1535
Minor Informalities or Irregularities in Bids
Authority: The Chief Procurement Officer of the District of Columbia (CPO), pursuant to the authority set forth in sections 401, 402, 409, 414, 1102, and 1106 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code §§ 2-354.01, 2-354.04, 2-354.14, 2-361.02 and 2-361.06 (2011 Repl.)) (Act). Source: Final Rulemaking published at 35 DCR 1435 (February 26, 1988); as amended by Notice of Emergency and Proposed Rulemaking published at 59 DCR 3714 (March 6, 2012)[EXPIRED]; as amended by Notice of Final Rulemaking published at 59 DCR 6290, 6304 (June 1, 2012).District of Columbia, Office of the Secretary
1535.1 Minor informalities or irregularities in bids may be waived if the contracting officer determines that the waiver is in the best interests of the District.
1535.2 The contracting officer may determine that the following, among others, are minor informalities or irregularities:
- (a) When a bidder fails to return the number of copies of signed bids required by the IFB;
- (b) When the bidder fails to furnish information concerning the number of its employees;
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(c) When a bidder fails to sign its bid, but only if one (1) of the following applies:
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(1) The unsigned bid is accompanied by other material indicating the bidder's intention to be bound by the unsigned bid (such as the submission of a bid guarantee or a letter signed by the bidder, with the bid, referring to and clearly identifying the bid itself); or
- (2) The firm submitting the bid has formally adopted or authorized, before the date set for opening of bids, the execution of documents by typewritten, printed, or stamped signature; submits evidence of that authorization; and the bid carries the proper signature.
(d) When the bidder fails to acknowledge receipt of an amendment to the IFB, but only if one (1) of the following applies:
- (1) The bid received clearly indicates that the bidder received the amendment (such as where the amendment added another item to the IFB and the bidder submitted a bid on the item); or
- (2) The amendment involves only a matter of form or has either no effect or merely a negligible effect on price, quantity, quality, or delivery of the item bid upon.
1535.3 When the bidder fails to provide timely certifications or information with respect to Equal Opportunity and Affirmative Action Programs or other IFB requirements, the contracting officer may allow additional time for the submission to be made prior to the award.
1535.4 When it is in the best interests of the District, the contracting officer shall give the bidder an opportunity to cure any deficiency resulting from a minor informality or irregularity in a bid, or waive the deficiency.
SOURCE: Final Rulemaking published at 35 DCR 1435 (February 26, 1988).