2002.1 Each solicitation for a multiyear contract shall include the following:

1. (a) The requirements by item or services for the first fiscal year;
2. (b) Multiyear contract requirements including requirements for each fiscal year;
3. (c) A requirement that the unit price for each item or service shall be the same for all fiscal years included, except to the extent that the contracting officer determines that it is in the best interests of the District to include an economic price adjustment clause approved by the Director;
4. (d) The criteria that will be used by the District to compare the lowest evaluated submission on the first fiscal year's requirement with the lowest evaluated submission on the multiyear requirements;
5. (e) The criteria for evaluation factors other than price where the procurement is on the basis of factors in addition to price;
6. (f) If the multiyear procurement is on the basis of factors in addition to price, the relative importance of the evaluation factors;
7. (g) Notice that if the District determines before award that only the first fiscal year requirements are needed, the District may evaluate offers and make award solely on the basis of price offered on the first fiscal year requirements;
8. (h) A cancellation ceiling established in accordance with §2004;
9. (i) A prominently placed notice describing the multiyear features of the solicitation;
10. (j) A statement that an award will not be made on less than the first fiscal year requirements; and
11. (k) Notice of the special cancellation provisions applicable to multiyear contracts.

2002.2 The solicitation for a multiyear contract shall require that each response must quote a price for the first fiscal year of the contract and for each subsequent fiscal year of the contract, as well as a price for the total multiyear requirement.

2002.3 The contracting officer shall evaluate bids or offers to determine the lowest overall evaluated cost to the District for both the multiyear and the first fiscal year requirements. The contracting officer shall also compare the cost of buying the total requirement under a multiyear procurement with the cost of buying the total requirement in successive independent requirements.

2002.4 If the procurement is by competitive sealed bids (on the basis of price and price related factors), the contracting officer shall award the contract on the basis of the lowest evaluated unit price determined in accordance with §2003, whether that price is based on a single-year or a multiyear contract.

2002.5 If the procurement is by competitive sealed proposals (on the basis of price and other non-price related factors), the contracting officer shall award the contract to the offeror submitting the proposal most advantageous to the District on the basis of price and other factors considered.

2002.6 In the case of a sole source procurement, a contracting officer shall make an award only if a

detailed review of the cost and technical proposal supports the objectives of multiyear contracting, and significant cost savings will result from the award of a multiyear procurement contract.

SOURCE: Final Rulemaking published at 35 DCR 1507 (February 26, 1988).