(a) This subchapter shall govern procurements for construction projects and related management services in the District.
(b) The following project delivery methods are authorized for procurements within the scope of this subchapter:
(1) Architectural and engineering services;
(2) Construction management;
(3) Construction management at risk;
(4) Design-bid-build;
(5) Design-build;
(6) Design-build-finance-operate-maintain;
(7) Design-build-operate-maintain; and
(8) Operations and maintenance.
(c) Participation in a report or study that is subsequently used in the preparation of design requirements for a project shall not disqualify a firm from participating as a member of a proposing team in a design-build, design-build-operate-maintain, or design-build-finance-operate-maintain procurement unless the participation would provide the firm with a substantial competitive advantage.
(Apr. 8, 2011, D.C. Law 18-371, § 601, 58 DCR 1185.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-371, see notes under § 2-351.01.
(a) This section specifies the source selection methods applicable to procurements for the project delivery methods identified in § 2-356.01, except as provided in §§ 2-354.04, 2-354.05, 2-354.07, 2-354.08, 2-354.11, and 2-354.12.
(b)(1) The qualifications-based selection process set forth in § 2-356.04 shall be used to procure architectural and engineering services in design-bid-build procurements.
(2) Competitive sealed bidding, as set forth in § 2-354.02, shall be used to procure construction in design-bid-build procurements, except where rules authorize the use of competitive sealed proposals, as set forth in § 2- 354.03, for contracts for construction management at-risk.
(c) Contracts for operations and maintenance shall be procured as set forth in § 2-354.01.
(d) Contracts for design-build shall be procured by competitive sealed proposals, as set forth in § 2-354.03.
(e) Contracts for design-build-operate-maintain shall be procured by competitive sealed proposals, as set forth in § 2-354.03.
(f) Contracts for design-build-finance-operate-maintain shall be procured by competitive sealed proposals, as set forth in § 2-354.03.
(Apr. 8, 2011, D.C. Law 18-371, § 602, 58 DCR 1185.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-371, see notes under § 2-351.01.
(a) Except for architectural and engineering services, prospective contractors for procurements under this subchapter may be selected through a prequalification process as set forth in this section.
(b) The prequalification process shall provide for the annual publication of a list describing specific types of solicitations for which the agency will seek prequalified contractors. Solicitations may be added to the list at any time; provided, that the addition of a solicitation to the list shall be published for not less than 30 days before the solicitation is released.
(c) The prequalification criteria may include the following:
(1) Experience and expertise of personnel;
(2) Prior completion of similar work;
(3) Receipt of favorable references from prior work;
(4) A certified letter indicating a surety's willingness to provide bonding to the contractor for 100% of the proposed bid price;
(5) Availability to complete the desired work;
(6) Confirmation that the vendor is responsible;
(7) Acceptable subcontracting plans; and
(8) Any other criteria identified by the agency as relevant to evaluation of the prospective contractor.
(d) After an agency has prequalified prospective contractors, it may exclude from competition for the ensuing solicitation any person that has not been prequalified.
(e) 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.
(Apr. 8, 2011, D.C. Law 18-371, § 603, 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 shall announce all requirements for architectural and engineering services and negotiate contracts for these services on the basis of demonstrated competence and qualification and at fair and reasonable prices.
(b) In the procurement of architectural and engineering services, the CPO shall:
(1) Provide notice to firms to submit annually a statement of qualifications and performance data;
(2) Appoint one or more permanent or ad hoc architect-engineer evaluation boards, comprised of members with experience in architecture, engineering, construction, and District and related procurement matters.
(c) These boards shall include highly qualified professional employees of the District and may include private practitioners of architecture, engineering, or related professions. The members of a permanent or an ad hoc evaluation board shall be known as the architect-engineer selection committee.
(d) For each architectural and engineering services contract over $100,000, the CPO shall appoint an architect-engineer selection committee. The selection committee for architectural and engineering services contracts under this amount shall be established in accordance with rules promulgated by the CPO. The selection committee shall evaluate current statements of qualifications and performance data on file with the District and those that may be submitted by other firms regarding the proposed contract. The selection committee shall conduct discussions with no less than 3 firms regarding the contract and the relative utility of alternative methods of approach for furnishing the required services, and then shall select therefrom, in order of preference, based upon criteria established and published by the selection committee, no less than 3 of the firms considered to be the most highly qualified to provide the services required.
(e) The contracting officer shall negotiate a contract with the highest qualified firm for architectural and engineering services at compensation which the contracting officer determines in writing to be fair and reasonable to the District. The contracting officer shall take into account the estimated value, the scope, the complexity, and the professional nature of the services to be rendered. A contracting officer shall proceed as follows:
(1) If the contracting officer is unable to negotiate a satisfactory contract with the firm considered to be the most qualified, negotiations with that firm shall be terminated and the contracting officer shall then undertake negotiations with the 2nd most qualified firm.
(2) If the contracting officer is unable to negotiate a satisfactory contract with the firm considered to be the 2nd most qualified firm, the contracting officer shall terminate negotiations and shall undertake negotiations with the 3rd most qualified firm.
(3) If the contracting officer is unable to negotiate a satisfactory contract with the firm considered to be the 3rd most qualified firm, the contracting officer shall terminate negotiations.
(4) If the contracting officer is unable to negotiate a contract with any of the selected firms, the contracting officer may select additional firms in order of their competence and qualifications and shall continue negotiations in accordance with this section until an agreement is reached.
(Apr. 8, 2011, D.C. Law 18-371, § 604, 58 DCR 1185.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 18-371, see notes under § 2-351.01.
