5035.1 A contract may be awarded using the competitive sealed proposal method when the Contracting Officer determines that the use of competitive sealed bidding is not practicable or not advantageous to the District. The solicitation used to initiate a procurement conducted by the competitive sealed proposal method is known as a Request for Proposals (RFP).

5035.2 RFPs shall be drafted in a manner that encourages participation from the maximum number of qualified sources, and in a manner consistent with the nature of, and the need for, the goods or services being acquired.

5035.3 The RFP may, if the Contracting Officer deems it advisable, contain either an estimate that generally describes the price range contemplated by the Contracting Officer or a funding limitation for the procurement.

5035.4 The RFP shall specify all evaluation factors and subfactors and their relative importance. The RFP must include the following evaluation factors:

(a) The Offeror's proposed price or cost to the District;

(b) One or more technical (non-cost) factors that address the quality of the product or service. Such evaluation factors should 1) represent key areas of importance and emphasis to be considered in the source selection decision and 2) allow the CO to distinguish between proposals.; and

(c) Offeror's past performance. If an Offeror does not have a record of relevant past performance, the Offeror may not be evaluated favorably or unfavorably on this factor. The RFP must clarify what rating will be given if an Offeror lacks relevant information.

5035.5 The RFP must also include:

(a) A description of the goods, services, or scope of construction work sought (including quantity or estimated quantity);

(b) The contract delivery schedule (including any permitted variations in the delivery schedule), if applicable;

(c) A description of any special qualification or responsibility requirements the contractor must satisfy, if any;

(d) Instructions for submitting proposals including:

1. (i) The deadline for proposal submission,
2. (ii) The method(s) proposals must be submitted, the information to be provided in the proposal (including any requirements for past performance information or for subcontracting plans), and
3. (iii) Any representations or certifications the offeror must submit;- (e) The period during which proposals must remain open for acceptance; and
4. (f) The anticipated contract terms and conditions.5035.6 Any changes in the information set forth in an RFP must be made by an amendment to the RFP. Amendments should be made no less than two (2) business days before the proposal submission date specified by the RFP.5035.7 Offerors are responsible for submitting proposals, and any modifications or withdrawals, so as to reach the Contracting Officer designated in the request for proposal (RFP) by the time specified in the RFP. Offers shall be submitted by a method specifically permitted by the RFP (for example, hand delivery, mailing, or electronic transmission). If no time is specified in the RFP, the time for receipt is 2:00 p.m., local time, on the date that offers are due.5035.8 Any proposal, modification, or withdrawal of an offer received after the exact time specified for receipt of proposals is late and will not be considered unless:- (a) It was transmitted through an electronic method authorized by the RFP, it was received at the initial point of entry to the Government infrastructure prior to the due date and time;
5. (b) There is acceptable evidence that it was transmitted in sufficient time to be received by the exact time specified, however the Government infrastructure caused the proposal to not be transmitted or the Government otherwise mishandled the proposal;
6. (c) The late proposal is the only one received;
7. (d) A late modification is of an otherwise successful proposal, that makes its terms more favorable to the Government; or
8. (e) An emergency or unanticipated event interrupts normal Government processes so that proposals cannot be received at the Government office designated for receipt of proposals by the exact time specified in the RFP, and an amendment to due date and time could not be issued.

5035.9 Notwithstanding the requirements of 5035.10, the District may accept a late bid, modification, or withdrawal if such bid, modification, or withdrawal is received prior to award and the Contracting Officer determines, in his or her sole discretion, that acceptance of such bid, modification, or withdrawal is in the best interest of the District.

5035.10 The Contracting Officer shall evaluate proposals based solely on the evaluation criteria specified in the RFP. In evaluating past performance, the Contracting Officer is not limited to considering only the information from references listed by the offeror.

5035.11 After initial proposals have been evaluated, the Contracting Officer may:

(a) Make an award based on initial proposals;

(b) Proceed with negotiations with the highest-ranked prospective contractor; and if a satisfactory contract cannot be negotiated with the highest-ranked prospective contractor, negotiate terms of the contract with the second most qualified prospective contractor or lower- ranked prospective contractors in order of ranking until a satisfactory contract can be awarded; or

(c) Establish a competitive range consisting of those proposals that remain under consideration, which shall include all proposals that, in the Contracting Officer's judgment (erring on the side of the offeror), could be awarded the procurement.

5035.12 If the Contracting Officer establishes a competitive range and holds discussions, he or she must hold discussions with all offerors in the competitive range. Discussions with the offerors may be written (including electronic) or oral. The primary objective of discussions is to maximize OAG's ability to obtain the best value based on the evaluation factors set forth in the RFP.

5035.13 At the conclusion of discussions, the Contracting Officer shall request that the offerors with whom discussions were held submit best and final offers by a common cut-off date.

5035.14 The contract shall be awarded to the qualified offeror whose offer is most advantageous to OAG based on the evaluation criteria stated in the RFP.

5035.15 The Contracting Officer shall prepare documentation explaining the basis for the contract award decision, which shall be maintained in the contract file.

5035.16 To the greatest extent possible, the Contracting Officer should provide clear, concise contract documents. Prior to award of the contract, the contracting officer shall create a single conformed contract document, that includes the relevant terms of the solicitation, amendments, and bid.

SOURCE: Final Rulemaking published at 65 DCR 4406 (April 20, 2018); as amended by Final Rulemaking published at 68 DCR 011740 (November 5, 2021).