Code of the District of Columbia

§ 2–273.03. Solicitation through requests for proposals.

(a) A public-private partnership shall be solicited by the Office only through a competitive bid process in which a request for proposals is issued.

(b) A request for proposals shall contain, at a minimum, the following:

(1) A detailed description of the scope of the proposed public-private partnership project;

(2) The material terms and conditions applicable to the procurement and any resulting contract; and

(3) The criteria for evaluation and selection of a proposal, which shall indicate the relative weight given to each criterion set forth in subsection (c) of this section.

(c) The evaluation and selection criteria in a request for proposals shall include the following, each of which shall be given a relative weight:

(1) Cost;

(2) Delivery time;

(3) Financial commitment required of public entities;

(4) Capabilities, related experience, facilities, or techniques of the proposer or unique combinations of these qualities that are integral factors for achieving the proposal objectives;

(5) Value-for-money and public sector comparator analysis of the proposal;

(6) Novel methods, approaches, or concepts demonstrated by the proposal;

(7) Scientific, technical, or socioeconomic merits of the proposal;

(8) Potential contribution of the proposal to the mission of the District;

(9) How the proposal benefits the public; and

(10) Other factors as the Office deems appropriate to obtain the best value for the District.

(d) The Office shall provide public notice of a request for proposals for no less than 30 days, unless the Office makes a reasonable written determination at the time of the initial notice that a lesser time period is appropriate and will preserve the competitive nature of the procurement.

(e) The Office shall evaluate each proposal that satisfies the minimum requirements of the request for proposals according to the evaluation and selection criteria contained in the request for proposals.

(f) The Office shall make available to the public the executive summary of each responsive proposal including the scoring for each proposal and the identity of the proposer upon the closing of the evaluation period as part of the report submitted to the Council pursuant to § 2-273.09(a)(1); provided, that the Office shall not disclose any information which has been designated as confidential or proprietary by a proposer, if the Office determines the designation is proper.

(g)(1) The Office may pay a stipend to an unsuccessful proposer, in an amount and on terms and conditions determined by the Office as reasonable, if:

(A) The Office cancels the procurement process fewer than 30 days before the date the bid or proposal is due; or

(B) The unsuccessful proposer submits a proposal that is responsive and meets all the requirements established by the Office for the public-private partnership project.

(2) All conditions for a stipend shall be clearly set forth in the request for information, bid solicitation, request for proposal, or request for qualifications.

(h) Any response to a request for proposals shall be the property of the Office.

(Mar. 11, 2015, D.C. Law 20-228, § 108, 62 DCR 261; Oct. 8, 2016, D.C. Law 21-160, § 1042(b), 63 DCR 10775.)