1617.1 An RFP for the construction of a road, bridge, or other transportation system, or a facility or structure appurtenant to a road, bridge, or other transportation system, may require offerors to submit visual quality concepts (VQCs) prior to the submission of their final technical proposals, for review and comment by the date specified in the RFP.

16--17.2 A VQC shall represent the offeror's approach to meeting the project design appearance goals set forth in the RFP.

1617.3 An RFP requiring offerors to submit VQCs must specifically state the requirements for the content of a VQC; procedures for submission and resubmission of VQCs, including the date by which the VQCs must be submitted; procedures for review of and comment on VQCs; procedures for confidential meetings related to the VQCs; and methods for evaluating VQCs.

1617.4 Before an offeror's submission of its technical proposal, the contracting officer shall meet with the offeror and discuss, on a confidential basis, whether the offeror's VQC meets the project design appearance goals set forth in the RFP. The contracting officer may invite to confidential meetings other attendees that the contracting officer deems useful for the purpose of assisting in the review of the VQC submitted by an offeror.

1617.5 The contracting officer may also seek confidential review of a VQC by anyone deemed useful by the contracting officer, including independent technical advisors, for the purpose of assisting in the evaluation of the VQC. Any such confidential review shall be subject to the requirements contained in § 1629.4 of this chapter.

1617.6 Following the confidential meeting and any confidential review, the contracting officer shall provide written comments to the offeror regarding whether the offeror's VQC meets the project design appearance goals set forth in the RFP. The contracting officer shall provide an offeror a reasonable opportunity to submit revisions to its VQC in response to the results of the confidential meeting or written comments issued to the offeror after the meeting. The written comments of the contracting officer shall set the date by which revisions to the VQC must be submitted by the offeror in order to be considered by the contracting officer.

1617.7 If the offeror submits, by the date set by the contracting officer in his or her written comments, a revised VQC in response to the results of the initial confidential meeting or written comments issued after the meeting, the contracting officer shall hold a second confidential meeting with the offeror and may seek confidential review of the revised VQC. Following the second

confidential meeting and any confidential review, the contracting officer shall provide written comments to the offeror regarding whether the offeror's revised VQC meets the project design appearance goals set forth in the RFP.

1617.8 The contracting officer may allow the submission of an additional revised VQC in response to the results of the second confidential meeting or written comments issued after the second confidential meeting, if the contracting officer determines that allowing the submission of an additional revised VQC is in the best interests of the District. If the offeror is allowed to submit an additional revised VQC, the contracting officer may hold a third confidential meeting with the offeror and may seek confidential review of the revised VQC. Following any third confidential meeting and any confidential review, the contracting officer shall provide written comments to the offeror regarding whether the offeror's additional revised VQC meets the project design appearance goals set forth in the RFP.

1617.9 The contracting officer shall not discuss any offeror's VQC at a confidential meeting other than the VQC of the offeror with whom the contracting officer is meeting.

1617.10 Nothing stated in a confidential meeting or included in a written record or summary of a meeting will modify the RFP unless it is incorporated into an amendment to the RFP.

1617.11 The offeror shall be solely responsible for ensuring that the final technical proposal complies with the requirements of the RFP.

1617.12 If an amendment to the RFP causes previously approved VQCs to become non-compliant with the project design appearance goals set forth in the RFP, then the offeror shall revise and resubmit its VQC for review and comment, in compliance with the terms of the amendment.

SOURCE: Final Rulemaking published at 35 DCR 1456 (February 26, 1988); as Final Rulemaking published at 46 DCR 8464 (October 22, 1999); as Final Rulemaking published at 48 DCR 2168 (March 9, 2001); as Final Rulemaking published at 49 DCR 3038 (April 5, 2002); as Emergency Rulemaking published at 51 DCR 10653 (November 19, 2004)[EXPIRED]; as Emergency Rulemaking published at 52 DCR 5767 (June 17, 2005) [EXPIRED]; as Final Rulemaking published at 52 DCR 6354 (July 8, 2005); as amended by Final Rulemaking published at 60 DCR 1136 (February 1, 2013); as amended by Final Rulemaking published at 63 DCR 9527 (July 15, 2016).