1622 BEST AND FINAL OFFERS

1622.1 Upon completion of discussions, the contracting officer shall issue to all offerors within the competitive range a request for best and final offers.

1622.2 The request for best and final offers shall include the following:

(a) Notice that discussions are concluded;

(b) Notice that this is the opportunity to submit a best and final offer;

(c) A common cut-off date and time that allows a reasonable opportunity for submission of written best and final offers; and

(d) Notice that if any modification is submitted, it must be received by the date and time specified and is subject to the provisions of this chapter covering late proposals.

1622.3 After receipt of best and final offers, the contracting officer shall not reopen discussions unless it is clearly in the best interests of the District to do so.

1622.4 Reasons for reopening discussions may include, but are not limited to, the fact that it is clear that information available at the time is inadequate to reasonably justify contractor selection and award based on the best and final offers received.

1622.5 If discussions are reopened, the contracting officer shall issue an additional request for best and final offers to all offerors within the competitive range.

1622.6 After evaluation of the best and final offers, the contracting officer shall select that source whose best and final offer is most advantageous to the District, considering only price and other factors included in the solicitation.

1622.7 The contracting officer shall prepare supporting documentation for the selection decision that shows the relative differences among the proposals and their strengths, weaknesses, and risks in terms of the evaluation factors. The supporting documentation shall include the basis for the selection.

SOURCE: Final Rulemaking published at 35 DCR 1460 (February 26, 1988).