2316.1 If the Director of Procurement (the "Director") has determined that an invitation for bids ("IFB") issued under Chapter 22 will be cancelled and that use of negotiation is appropriate to complete the procurement, the contracting officer may award a contract after using negotiation procedures without issuing a new solicitation if all of the following conditions are met:

1. (a) The contracting officer gives notice to each responsible bidder that submitted a bid in response to the IFB of the intention to use negotiation procedures and gives each interested responsible bidder a reasonable opportunity to negotiate;
2. (b) The negotiated price is the lowest price offered in response to the negotiation process by any responsible bidder; and
3. (c) The negotiated price is lower than the lowest rejected price bid by a responsible bidder in response to the original IFB.

2316.2 If an IFB has been cancelled in accordance with § 2230.4(f) or 2230.4(g) of Chapter 22, and the Director has authorized completion of the procurement through negotiation, the contracting officer shall proceed with the procurement in accordance with the provisions of this chapter, or the sole source provisions of Chapter 24 of this title, if applicable.

SOURCE: Final Rulemaking published at 36 DCR 6681, 6749 (September 22, 1989).