5034 SEALED BIDDING

5034.1 The solicitation used to initiate a procurement conducted by sealed bidding is known as an Invitation for Bids (IFB).

5034.2 The evaluation factors used in sealed bid procurements are limited to price and price-related factors (including price evaluation preferences for CBEs).

5034.3 The IFB shall specify:

1. (a) Any information necessary to explain how the Contracting Officer will evaluate price (for example, whether option prices will be evaluated);
2. (b) Any price-related factors that will be evaluated and their relative importance in the overall evaluation scheme;
3. (c) A description of the goods or services sought (including quantity requirements);
4. (d) The contract delivery schedule;
5. (e) A description of any special qualification requirements the contractor must satisfy;
6. (f) Instructions for submitting bids (including the deadline for bid submission, the method(s) for submitting bids, any representations or certifications bidders must submit, and any requirements for the submission of items such as bid samples, subcontracting plans, or payment or performance bonds);
7. (g) The period during which bids must remain open for acceptance; and
8. (h) The contract's terms and conditions.

5034.4 Any changes in the information set forth in an IFB must be made by an amendment to the IFB.

5034.5 Bids shall be submitted by a method specifically permitted by the IFB (for example, hand delivery, mailing, electronic transmission, or fax).

5034.6 A bid may be withdrawn or modified at any time before bid opening by any of the methods permitted for submitting bids.

5034.7 A late bid (or late modification or withdrawal) shall not be considered, unless

such delay is caused by the OAG.

5034.8 The Contracting Officer shall prepare and maintain in the contract file an abstract listing the bid prices.

5034.9 The contract shall be awarded to the qualified bidder whose bid is responsive to the IFB and is most advantageous to the OAG considering only price and the price-related evaluation factors identified in the IFB and the Contracting Officer determines that the bidder is responsible.

5034.10 To be considered responsive, a bid must comply in all material respects with the IFB. Responsiveness involves matters that relate to the bid itself as opposed to the responsibility or other qualifications of the bidder. In determining whether a bid is responsive, the Contracting Officer has the discretion to permit correction of minor informalities or irregularities.

5034.11 The Contracting Officer shall endeavor to include with every IFB solicitation the form of the contract that the contractor will be required to enter into. To the greatest extent possible, the Contracting Officer should endeavor to provide clear and concise contract documents. Contracts which consist of the solicitation, the bid, and other documents attached together but not integrated into a single contract document are discouraged

SOURCE: Final Rulemaking published at 65 DCR 4406 (April 20, 2018).