(a)(1) Except as otherwise authorized by law, all District government contracts shall be awarded by:
(A) Competitive sealed bidding pursuant to § 2-354.02;
(B) Competitive sealed proposals pursuant to § 2-354.03;
(C) Sole source procurements pursuant to § 2-354.04;
(D) Emergency procurements pursuant to § 2-354.05;
(E) Human care procurements pursuant to § 2-354.06;
(F) Small purchase procurements pursuant to § 2-354.07;
(G) Special pilot procurements pursuant to § 2-354.08;
(H) Reverse auctions pursuant to § 2-354.09;
(I) Procurements through a General Services Administration schedule pursuant to § 2-354.10;
(J) Cooperative agreements pursuant to § 2-354.11;
(K) Procurements through the DCSS pursuant to § 2-354.12; or
(L) Infrastructure facilities and services pursuant to subchapter VI of this chapter.
(2) The CPO shall publish annually on the Internet a report on the number of and dollar value of contracts executed under each source selection method.
(b)(1) Except for members of a technical advisory group, a District employee or official shall not attempt to influence a procurement professional with respect to source selection; provided, that an employee or official may attempt to prevent a procurement professional from violating law or rules.
(2) Any employee or official who violates this section shall be subject to suspension, dismissal, or other disciplinary action under the procedures pursuant to subchapter XVI-A of Chapter 6 of Title 1.
(Apr. 8, 2011, D.C. Law 18-371, § 401, 58 DCR 1185.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-371, see notes under § 2-351.01.
(a) Contracts exceeding $100,000 shall be awarded by competitive sealed bidding unless the CPO issues a determination and findings that use of competitive sealed bidding is not practicable or not in the best interests of the District.
(b) Bids shall be solicited through an Invitation for Bids.
(c) The Invitation for Bids may include special standards of responsibility to ensure that bidders are properly qualified to perform the work.
(d) The Invitation for Bids shall state whether an award shall be made on the basis of the lowest bid price or the lowest evaluated bid price. If the lowest evaluated bid price basis is used, the objective measurable criteria to be utilized shall be set forth in the Invitation for Bids.
(e)(1) The CPO shall provide public notice of the Invitation for Bids of not less than 14 days for contracts, unless the CPO issues a determination and findings that it is appropriate to shorten the notice period to a period of not less than 3 days. In making the determination and findings, the CPO shall consider factors including the complexity of the procurement, the type of goods or services being purchased, and the impact of a shortened notice period on competition.
(2)(A) The CPO shall maintain an Internet site that provides prospective contractors with public notice of opportunities to bid, notice of contract awards, and other relevant information about District procurements.
(B) Public notice of an Invitation for Bids may include publication in newspapers or trade publications considered to be appropriate by the CPO to give adequate public notice.
(f) Bids shall be opened publicly at the time and place designated in the Invitation for Bids; provided, that the opening may be conducted in a publicly accessible electronic forum. Each bid, with the name of the bidder and price offering contained therein, shall be recorded and be open to public inspection.
(g) The contract shall be awarded after completion of evaluation procedures for competitive sealed bids.
(h) Correction or withdrawal of bids shall be allowed only to the extent permitted by rules issued pursuant to this chapter.
(Apr. 8, 2011, D.C. Law 18-371, § 402, 58 DCR 1185.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-371, see notes under § 2-351.01.
(a) A contract may be entered into by competitive sealed proposal when the use of competitive sealed bidding is not practicable or not advantageous to the District.
(b) Proposals shall be solicited from the maximum number of qualified sources and in a manner consistent with the nature of, and the need for, the goods, services, or construction being acquired.
(c) Proposals shall be solicited through a request for proposals. The CPO shall provide public notice of the RFP of not less than 21 days, unless the CPO issues a determination and findings that it is appropriate to shorten the notice period to a period of not less than 14 days. In making the determination and findings, the CPO shall consider factors including the complexity of the procurement, the type of goods or services being purchased, and the impact of a shortened notice period on competition.
(d)(1) An RFP shall set forth each evaluation factor and indicate the relative importance of each evaluation factor. Price shall be included as an evaluation factor.
(2) Each RFP shall include a statement of work or other description of the District's specific needs, which shall be used as a basis for the evaluation of proposals.
(e) The contract shall be awarded by written notice to the responsive and responsible bidder whose bid will be most advantageous to the District.
(f)(1) The contracting officer may issue an RFQ before an RFP if the CPO makes a determination and findings that proceeding with an RFQ process would be advantageous to the District and that establishes a reasonable price range for the procurement.
(2) The RFQ shall include a description of the statement of work to be solicited by the RFP, the deadline for submission of information, and how prospective offerors may apply for consideration. The RFQ shall require information only on the prospective contractor's qualifications, experience, and ability to perform the requirements of the contract.
(3) After receiving the responses to the RFQ from prospective contractors, the contracting officer shall determine in writing the ranking of the prospective contractors from the most qualified to the least qualified on the basis of the information provided. The contracting officer shall then issue an RFP to at least the 3 highest-ranked prospective contractors. The determination regarding how many proposals to solicit shall not be subject to review.
(g) Upon receiving the responses to an RFP, the contracting officer shall:
(1) Evaluate the proposals received using only the criteria stated in the RFP and in accordance with weightings that have been provided in the RFP; and
(2) Rank the prospective contractors from most advantageous to least advantageous to the District.
(h)(1) After ranking the prospective contractors, the contracting officer may elect to proceed with negotiations in accordance with paragraph (2) of this subsection. The contracting officer's decision shall not be subject to review.
(2) If the contracting officer elects to proceed with negotiations, the contracting officer shall negotiate with the highest-ranked prospective contractor on price or matters affecting the scope of the contract, so long as the terms of the final contract are within the scope of the request for proposals. If a satisfactory contract cannot be negotiated with the highest-ranked prospective contractor, the contracting officer may negotiate the terms of the contract with the 2nd most qualified prospective contractor or lower-ranked prospective contractors in order of ranking until a satisfactory contract can be awarded.
(3) The contracting officer may reopen negotiations with any prospective contractor with whom negotiations were terminated.
(4) The contracting officer may make changes within the general scope of the RFP but shall then provide all offerors an opportunity to submit their best and final offers.
(Apr. 8, 2011, D.C. Law 18-371, § 403, 58 DCR 1185.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-371, see notes under § 2-351.01.
(a) A contract may be awarded through noncompetitive negotiations when there is only one source for the required good or service.
(b) The CPO shall make a determination and findings justifying the sole source procurement.
(c) Notice of intent to enter into a sole source contract shall be posted on the Internet at least 10 days prior to award. The notice shall include:
(1) The determination and findings required by subsection (b) of this section;
(2) A description of the item to be procured; and
(3) The intended sole source contractor.
(d) The contract shall be made available online within 7 days of the contract award.
(Apr. 8, 2011, D.C. Law 18-371, § 404, 58 DCR 1185.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-371, see notes under § 2-351.01.
(a) Notwithstanding any other provision of this chapter, a contract may be awarded through an emergency procurement as defined by rules:
(1) When there is an imminent threat to the public health, welfare, property, or safety; or
(2) To prevent or minimize serious disruption in agency operations.
(b) Emergency procurements shall be made with as much competition as is practicable under the circumstances, based on the judgment and determination of the contracting officer.
(c) The contracting officer may issue oral orders or notices to proceed to contractors to provide services or goods to the District; provided, that the directive shall be reduced to writing within 3 business days after issuance and funding for the services or goods provided shall be certified by the appropriate fiscal official.
(d) Emergency procurement procedures shall not be used for contracts exceeding 90 days; provided, that if the development time for the good or service exceeds 90 days, the contract shall not exceed 120 days.
(e) The CPO shall make a determination and findings justifying the emergency procurement.
(f) Notice of all emergency procurements shall be made available on the Internet no more than 7 days after the contract is awarded. The notice shall include:
(1) The determination and findings required by subsection (e) of this section;
(2) A description of the item to be procured;
(3) The designated contractor; and
(4) A copy of the contract.
(Apr. 8, 2011, D.C. Law 18-371, § 405, 58 DCR 1185.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-371, see notes under § 2-351.01.
(a) Notwithstanding any other provision of this chapter, the CPO may award a human care agreement for a human care service if the human care service to be provided is:
(1) Negotiated on a fee for service or unit-rate basis using benchmarks and quantifiable measurements that shall be uniformly applied to providers of the same service;
(2) Purchased at rates adopted by rule; or
(3) One that an agency typically purchases as needs arise, but for which the quantity, rate of utilization, delivery areas, or specific beneficiaries of the service cannot be accurately estimated at the outset of the procurement process.
(b) If a human care agreement for a human care service is to be awarded, the CPO shall publish a request for qualifications that:
(1) States the general requirements for the service; and
(2) Requests interested service providers to respond in writing with a statement of their qualifications to perform the service on a form prescribed by the CPO.
(c) The CPO shall retain statements of qualifications submitted by providers for 3 years.
(d) The CPO may conduct negotiations for a human care agreement with any responsible service provider who has submitted a statement of qualifications, without any additional public notice or solicitation required, to satisfy all or part of the District's anticipated requirements for a particular human care service.
(e) Before conducting negotiations with a service provider, the CPO shall issue a determination and findings that the service provider is responsible in accordance with subchapter III of this chapter.
(f) The CPO may authorize the use of vouchers to authorize the delivery of service provided by service providers who enter into human care agreements.
(g) The CPO shall provide public notice of the award of a human care agreement pursuant to this section on the Internet.
(h) The human care agreement shall identify the services to be rendered during the term of the agreement and shall set forth the terms and conditions of any purchases issued pursuant to the agreement. The contracting officer shall include in each human care agreement the following information:
(1) A statement that the human care agreement is not a commitment to purchase any quantity of a particular good or service covered under the agreement; and
(2) A statement that the District is obligated only to the extent that authorized purchases are made pursuant to the human care agreement.
(Apr. 8, 2011, D.C. Law 18-371, § 406, 58 DCR 1185.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-371, see notes under § 2-351.01.
(a) The CPO may establish a streamlined process for entering into contracts for goods and services not exceeding $100,000. The process shall set forth:
(1) Requirements for basic competition, including solicitation of contracts or orders from multiple vendors;
(2) A noncompetitive process for entering into contracts under a dollar threshold established by the CPO not to exceed $10,000; and
(3) Requirements that purchases be made transparent.
(b) Procurement requirements shall not be parceled, split, divided, or purchased over a period of time to avoid the $100,000 limitation of subsection (a) of this section.
(c) The CPO shall implement standards to monitor small purchase procedures to ensure compliance with applicable laws, rules, and policies.
(Apr. 8, 2011, D.C. Law 18-371, § 407, 58 DCR 1185.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-371, see notes under § 2-351.01.
(a) The CPO may, with prior public notice and in accordance with rules issued pursuant to this chapter, award a contract without competitive sealed bidding or competitive sealed proposals if it is determined that an unusual or unique situation exists that makes the application of all requirements of competitive sealed bidding or competitive sealed proposals not in the public interest.
(b) A special pilot procurement under this section shall be made with as much competition as is practicable under the circumstances.
(c) A special pilot procurement under this section shall require a determination and findings setting forth the reasons warranting the special procurement and for the selection of the particular contractor.
(d) The CPO shall post the notice of award and the determination and findings on the Internet within 7 days after the execution and approval of a special pilot procurement.
(e) An unusual or unique situation justifying a special pilot procurement under this section shall include a contract made to:
(1) Satisfy a new and unique District requirement; or
(2) Obtain a new technology.
(Apr. 8, 2011, D.C. Law 18-371, § 408, 58 DCR 1185.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-371, see notes under § 2-351.01.
(a)(1) The CPO may procure goods or services through reverse auction via the Internet when it is determined that the reverse auction bidding method is the most effective method for the District.
(2) The CPO may place any requirement for a good or service on an established Internet reverse auction exchange that would allow any bidder to competitively bid down the price of that good or service over a set period of time established by the CPO.
(3) The CPO may establish an online auction for the purposes of executing reverse auction transactions on behalf of the District.
(b)(1) The CPO may dispose of or sell surplus goods through standard auction via the Internet.
(2) The CPO may place any surplus goods on an established standard auction exchange on the Internet that would allow any person, excluding any employee of the disposing District agency, to competitively acquire surplus personal property or goods from the District.
(3) The CPO may establish a standard auction exchange on the Internet for the purpose of executing standard auction transactions on behalf of the District government.
(Apr. 8, 2011, D.C. Law 18-371, § 409, 58 DCR 1185.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-371, see notes under § 2-351.01.
(a) The CPO may procure goods or services through a General Services Administration schedule pursuant to 40 U.S.C. § 502(a)(3) and 40 U.S.C. § 602(c).
(b) The CPO shall ensure that the price of any contract entered into under subsection (a) of this section is reasonable.
(Apr. 8, 2011, D.C. Law 18-371, § 410, 58 DCR 1185.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-371, see notes under § 2-351.01.
(a) The CPO may, and is encouraged to, participate in, sponsor, conduct, or administer cooperative purchasing agreements for the procurement of goods, services, or construction.
(b) Cooperative purchasing agreements entered into by the District government shall be in accordance with, to the extent practicable, all laws and rules of the District government with respect to contracting, and shall be consistent with laws and rules of the United States government that apply specifically to the District.
(c) An agency shall not enter into or participate in a cooperative purchasing agreement unless that participation is authorized by the CPO or a designee pursuant to the delegated contracting authority in § 2-352.01.
(d) The CPO may charge and collect an administrative fee for serving as the lead jurisdiction on a cooperative agreement and may receive any rebates or other fees for participating in a cooperative agreement. The CPO shall deposit such fees in the District of Columbia Supply Schedule, Purchase Card, and Training Fund established in § 2-361.03.
(Apr. 8, 2011, D.C. Law 18-371, § 411, 58 DCR 1185.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-371, see notes under § 2-351.01.
(a) There is established a District of Columbia Supply Schedule program under which contracts may be awarded to certified business enterprises. The DCSS program may consist of multiple award schedules or other procurement programs established by the CPO.
(b) A DCSS contract may be awarded by:
(1) Any source selection method authorized by subchapter IV of this chapter;
(2) A contract with a contractor who maintains a price agreement or schedule with any federal agency so long as the contract does not authorize a price higher than is contained in the contract between the federal agency and the contractor; or
(3) A contract with a contractor who agrees to adopt the same pricing schedule for the same goods or services as that of a contractor who maintains a price agreement or schedule with any federal agency if the contract does not authorize a price higher than is contained in the contract between the federal agency and the contractor.
(c) An agency may refuse to award a contract or procurement set aside pursuant to subchapter IX-A of Chapter 2 of this title, and may thereafter issue the contract or procurement in the open market if the agency determines in writing that the bids for the contract or procurement set aside for a small business enterprise are believed to be 12% or more above the likely price on the open market.
(Apr. 8, 2011, D.C. Law 18-371, § 412, 58 DCR 1185.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-371, see notes under § 2-351.01.
Contracts for the following procurements shall be exempt from the competition requirements established by this chapter:
(1) Artistic services or works of art;
(2) Commodities or contractual services if federal or District law prescribes with whom the District must contract;
(3) Legal services or negotiation services in connection with proceedings before administrative agencies or state or federal courts, including experts, attorneys, and mediators;
(4) Copyrighted or patented materials, including technical pamphlets, published books, maps, and testing or instructional materials; provided, that the materials are purchased directly from the owner of the copyright or patent;
(5) Memberships in trade or professional organizations;
(6) Entertainers;
(7) Job-related seminars and training for District employees;
(8) Maintenance and support of existing software and technology to the extent that the creator of the intellectual property is still protected and is the only source of the maintenance and support of the existing software and technology;
(9) Public transit farecards, passes, and tokens;
(10) Personal property or services provided by another public entity, agency, or authority;
(11) Postage;
(12) Purchases of advertising in all media, including electronic, print, radio, and television; provided, that they are purchased directly from the media outlet;
(13) Trade and career fairs for District employees;
(14) Special event venues and related services as dictated by the establishment;
(15) Subscriptions for periodicals and newspapers;
(16) Ticket purchases for special events, tourist attractions, and amusement parks; and
(17) Professional development training which supports principal, teacher, and student achievement pursuant to the District of Columbia Public Schools Master Education Plan.
(Apr. 8, 2011, D.C. Law 18-371, § 413, 58 DCR 1185.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-371, see notes under § 2-351.01.
An Invitation for Bid, a Request for Proposals, or other solicitation may be cancelled if it is determined in writing by the CPO that the action is taken in the best interests of the District government.
(Apr. 8, 2011, D.C. Law 18-371, § 414, 58 DCR 1185.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-371, see notes under § 2-351.01.
(a) A person who enters into a contract with the District after engaging in collusion with another person for the purpose of defrauding the District shall be liable for damages equal to 3 times the value of the loss to the District attributable to the collusion.
(b) If there is a reasonable basis for believing that collusion has occurred among any individuals or entities for the purpose of defrauding the District, the CPO shall send a written notice of this belief to the Attorney General and to the Mayor.
(c) All documents involved in any procurement in which collusion is suspected shall be retained until the Attorney General gives notice that they may be destroyed. All documents shall be made available to the Attorney General.
(Apr. 8, 2011, D.C. Law 18-371, § 415, 58 DCR 1185.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-371, see notes under § 2-351.01.
(a) A contractor shall not offer to pay any fee or other consideration that is contingent on the making of a contract.
(b) Every contract shall contain the following prohibition against contingent fees: "The contractor warrants that no person or selling agency has been employed or retained to solicit or secure the contract upon an agreement or understanding for a commission, percentage, brokerage fee, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the contractor for the purpose of securing business. For a breach or violation of this warranty, the District shall have the right to terminate the contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of the commission, percentage, brokerage, or contingent fee.
(c) A District employee shall not solicit or secure, or offer to solicit or secure, a contract for which the employee is paid or is to be paid any fee or other consideration contingent on the making of the contract between the employee and any other person.
(Apr. 8, 2011, D.C. Law 18-371, § 416, 58 DCR 1185.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-371, see notes under § 2-351.01.
The CPO shall review information which has been designated as confidential or proprietary by a person and which has been submitted in response to an Invitation for Bids or Request for Proposals. If the CPO determines that the designation is proper, the information shall be treated by the CPO, and any other District employee, in a confidential manner, shall be disclosed only to District employees for use in the procurement process, and shall not be disclosed to other persons or parties without the prior written consent of the person, except as provided by subchapter II of Chapter 5 of this title.
(Apr. 8, 2011, D.C. Law 18-371, § 417, 58 DCR 1185.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-371, see notes under § 2-351.01.
(a) The District may, at reasonable times and places, audit the books and records of any person who has submitted data to substantiate offered prices pursuant to § 2-354.19 to the extent that the books and records relate to that data. A person who receives a contract, change order, or contract modification for which the data is required, shall maintain books and records that relate to the cost or pricing data for 3 years from the date of final payment under the contract, unless a shorter period is otherwise authorized in writing.
(b) The Inspector General, District of Columbia Auditor, or District shall be entitled to audit the books and records of a contractor or any subcontractor under any negotiated contract or subcontract, other than a firm fixed-price contract, to the extent that the books and records relate to the performance of the contract or subcontract. Books and records shall be maintained by the contractor for a period of 3 years from the date of final payment under the prime contract and by the subcontractor for a period of 3 years from the date of final payment under the subcontract, unless a shorter period is otherwise authorized in writing.
(c) The Inspector General, District of Columbia Auditor, or District may, at reasonable times, inspect the part of the place of business of a contractor or any subcontractor which is related to the performance of any contract awarded or to be awarded by the District.
(Apr. 8, 2011, D.C. Law 18-371, § 418, 58 DCR 1185.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-371, see notes under § 2-351.01.
(a) A contracting officer may request factual information reasonably available to the contractor or prospective contractor to substantiate that the price or cost offered, or some portion of it, is reasonable.
(b) The CPO shall establish a process for determining the reasonableness of prices.
(Apr. 8, 2011, D.C. Law 18-371, § 419, 58 DCR 1185.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-371, see notes under § 2-351.01.
(a) The CPO may establish a prequalification process to certify the financial and professional qualifications of prospective bidders and offerors for District government contracts. The CPO may limit participation in certain procurements to prospective contractors who have been prequalified under the process.
(b) The use of the prequalification process under this section shall not nullify the requirement for a determination of contractor responsibility under subchapter III of this chapter.
(c) Information about a prospective or current contractor relevant to a contractor's prequalification criteria may be submitted by a member of the general public to the CPO for consideration in determining or verifying the contractor's prequalified status.
(Apr. 8, 2011, D.C. Law 18-371, § 420, 58 DCR 1185.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-371, see notes under § 2-351.01.
