D.C. Mun. Regs. tit. 27, § 1551
Conditions for Use of Two-step Sealed Bidding
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 1441 (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, 6309 (June 1, 2012).District of Columbia, Office of the Secretary
1551.1 Two-step sealed bidding may be used in preference to competitive sealed bids and proposals when all of the following conditions are present:
- (a) Available specifications or purchase descriptions are not definite or complete or may be too restrictive without technical evaluation, and any necessary discussion, of the technical aspects of the requirement to ensure mutual understanding between each source and the District;
- (b) Definite criteria exist for evaluating technical proposals;
- (c) More than one (1) technically qualified source is expected to be available;
- (d) Sufficient time will be available for use of the two-step method; and
- (e) A firm-fixed-price contract or a fixed-price contract with economic price adjustment will be used.
1551.2 None of the following shall preclude the use of two-step sealed bidding:
- (a) Multi-year contracting;
- (b) District-owned facilities to be made available to the successful bidder; or
- (c) A sheltered market procurement.
SOURCE: Final Rulemaking published at 35 DCR 1441 (February 26, 1988).