3231 REJECTION OF INDIVIDUAL BIDS

3231.1 Any bid that fails to conform to the essential requirements of the IFB is 'nonresponsive' and shall be rejected.3231.2 Any bid that does not conform to the applicable specifications shall be rejected as 'nonresponsive,' unless the IFB has authorized the submission of alternate bids and the supplies offered as alternates meet the requirements specified in the IFB.3231.3 A bid shall be rejected if it fails to conform to the delivery schedule or permissible extensions of the delivery schedule.3231.4 A bid shall be rejected as 'nonresponsive' if the bidder imposes conditions that would modify requirements of the IFB or limit the bidder's liability to the University. For example, a bid shall be rejected if the bidder does the following:- (a) Protects against future changes in conditions, such as increased costs, if total possible increased costs to the University cannot be determined;

- (b) Fails to state a price and indicates that price shall be 'price in effect at time of delivery' or words of equivalent meaning;

- (c) States a price but qualifies it as being subject to 'price in effect at time of delivery' or words of equivalent meaning;

- (d) Unless authorized in the IFB, the bidder conditions or qualifies a bid by stipulating that it is to be considered only if, before date of award, the bidder receives (or does not receive) award under a separate solicitation; or

- (e) Limits the rights of the University under any contract clause.3231.5 A low bidder may be requested to delete objectionable conditions from its bid, so long as the conditions do not go to the substance, as distinguished from the form, of the bid or would give the bidder an unfair advantage over other bidders. A condition goes to the substance of a bid when it affects price, quantity, quality, or delivery of the items or services offered.3231.6 Any bid may be rejected if the contracting officer determines in writing that the bid price is either unreasonably high or low.3231.7 A bid received from any bidder that has been suspended, debarred, or is otherwise ineligible shall be rejected, unless the period of suspension, debarment, or ineligibility has expired before the bid opening date.3231.8 If the contracting officer does not determine that a bidder is a responsible bidder, the contracting officer shall reject the bid submitted by that bidder.3231.9 When a bid security is required, and a bidder fails to furnish the security in accordance with the requirements of the IFB, the rules set forth in §2701 of chapter 27 of the D. C. Procurement Regulations shall be applicable.3231.10 The originals of all rejected bids, and any written findings with respect to the rejections, shall be maintained in the contract file.3231.11 If the contracting officer determines that it is necessary to reject all bids, the contracting officer shall notify each bidder that all bids have been rejected and shall state the reason for the action.

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).