3251.1 Two-step sealed bidding may be used in preference to competitive sealed bids and proposals when all of the following conditions are present:

1. (a) Available specifications or purchase descriptions are not definite or complete or may be too restrictive without technical evaluation, and any necessary discussion, of the technical aspects of the requirement to ensure mutual understanding between each source and the University;
2. (b) Definite criteria exist for evaluating technical proposals;
3. (c) More than one (1) technically qualified source is expected to be available;
4. (d) Sufficient time will be available for use of the two-step method; and
5. (e) A firm-fixed-price contract or a fixed-price contract with economic price adjustment will be used.

3251.2 None of the following shall preclude the use of two-step bidding:

1. (a) Multi-year contracting;
2. (b) The fact that University-owned facilities may be made available to the successful bidder; or
3. (c) A sheltered market procurement.

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