1555.1 Agencies may pay stipends to compensate one or more unsuccessful bidders for a portion of bid development costs, the use of information contained in their bids, and to encourage competition.

1555.2 Stipends shall be paid only to bidders which have submitted responsive bids complying with the conditions of the solicitation.

1555.3 The solicitation must include a provision describing the amount, conditions, and the process of distribution for stipends. The stipend provision must include the following at a minimum:

(a) The agency's commitment to pay a stipend;

(b) The amount and timing of stipend payment;

(c) Conditions to qualify for a stipend;

(d) A requirement that the bidder submit a responsive bid;

(e) A requirement that the bid meet a minimum quality;

(f) A statement that the District may retain the right to use ideas from unsuccessful bidders if they accept the stipends;

(g) An agreement form; and

(h) A statement advising the bidders that the acceptance of a stipend is optional on the part of the unsuccessful bidder.

SOURCE: Notice of Emergency and Proposed Rulemaking published at 59 DCR 3714 (March 6, 2012)[EXPIRED]; as amended Notice of Final Rulemaking published at 59 DCR 6290, 6313 (June 1, 2012).