D.C. Mun. Regs. tit. 15, r. 15-2201

Current through Register 71, No. 45, November 7, 2024
Rule 15-2201 - PRESOLICITATION
2201.1

Procurement Planning. Procurement planning is the process of selecting the appropriate method of satisfying a Commission need considering the value, complexity, and schedule of the requirement. The procurement planning process should be a team effort that includes the participation of the contracting personnel and the legal and technical staff of the Commission.

2201.2

Market Research. Commission representatives should engage in market research to the extent necessary to conduct effective procurements and to develop qualified sources to fulfill Commission requirements. Market research should include, but not be limited to, an assessment of the market conditions and the technology relating to the requirement as well as an evaluation of the experience of other customers of the required product or service. Market research should be used to help ensure that an adequate pool of qualified firms is available to compete for Commission requirements. Market research techniques include publishing requests for information (RFIs), holding presolicitation conferences, conducting Internet searches, and attendance by Commission personnel at seminars and symposia.

2201.3

Sources of Supplies and Services. The Commission's goal is to obtain supplies and services from qualified suppliers while ensuring the maximum level of supplier diversity in its acquisition of supplies and services.

2201.4

Supplier Diversity. The Equal Opportunity for Local, Small, and Disadvantaged Business Enterprise Act of 1999, D.C. Law 12-268, establishes a fifty (50) percent goal for D.C. government contracts with local small business enterprises and provides a preference for local and disadvantaged businesses in all areas of D.C. government contracting. Commission representatives are required to plan and onduct procurements in a manner to help achieve this goal, as follows:

(a) To enhance supplier diversity the Commission may establish partnership, teaming, or mentor-protege programs in which established firms are encouraged to team with local, small and disadvantaged enterprises to provide supplies or services to satisfy Commission requirements. The program would include incentive provisions, as specified by the Commission, to reward established firms for helping local, small and disadvantaged enterprises qualify as responsible contractors with the Commission;
(b) Supplier diversity may also be enhanced by using blanket purchase agreements and other simplified acquisition techniques specified in these regulations that facilitate participation by small businesses owned and controlled by minorities and women.
2201.5

Obtaining Competition. The Commission, and its Contracting Officer(s) operating within the limits of their delegations, shall conduct procurements in a manner that solicits and encourages maximum practicable competition. This effort shall include encouraging Commission staff to describe their needs in terms that foster competition including, whenever possible, the use of performance-based specifications and statements of work (SOWs). For purchases at or below the simplified acquisition ceiling, it shall be sufficient for the Contracting Officer to obtain three quotations. For purchases of $ 2,500 or less, competition is preferred but not required. For purchases above the simplified acquisition ceiling, the Contracting Officer shall obtain maximum practical competition.

2201.6

Source Lists. To the extent feasible, the Contracting Officer will maintain a source list of qualified contractors by type of supply or service for use in obtaining competition. When a source list for a class of supplies or services becomes too large for effective solicitation of all the listed firms, the Commission or the Contracting Officer may use a part of the list for an individual solicitation. In such cases, for each subsequent procurement of the particular class of supplies or services, the Commission or the Contracting Officer shall rotate the list to ensure that firms not previously solicited will have an opportunity to compete.

2201.7

Outreach. To the maximum extent practicable, Commission personnel are encouraged to participate in small business fairs and other symposia and to use innovative methods of attracting qualified suppliers to compete for Commission requirements.

2201.8

Publication of Requirements. Commission requirements shall be announced and given the extent of publication that reflects the size and complexity of the proposed procurement.

2201.9

Publication Thresholds. An individual procurement of the Commission expected to exceed $ 100,000 shall be published. Such publication may be in newspapers and trade journals. When the Commission or Contracting Officer deems it effective in obtaining sources for Commission requirements, publication may be made in the Commerce Business Daily, published by the U.S. Government Printing Office.

2201.10

Sources Sought Announcements. In instances where the Commission has difficulty obtaining qualified contractors, or to broaden the diversity of contractors available to the Commission, the Contacting Officer shall publish announcements seeking to identify new firms as potential contractors. Such announcements should identify the categories of supplies and services typically purchased by the Commission.

2201.11

Prequalification of Prospective Contractors. In cases where the Commission has a continuing need for a type of supply or service, it may elect to establish a list of prequalified contractors. The intent to establish such a list shall be made by published announcement. On the basis of an evaluation of a potential contractor's qualifications, the Commission may include the contractor on the list of prequalified contractors that will be solicited to compete for selected Commission contracts. Application for placement on the prequalified list shall be available at all times; however, a procurement for Commission requirements may be limited to solicitation of contractors included on the list as of the date that the solicitation is released.

2201.12

Describing Requirements. Commission activities having requirements for supplies or services shall be responsible for developing the description, specification, or SOW that identifies the requirement. To the maximum extent practicable, the requirements shall be described in terms of the required function, performance, or objective of the procurement.

2201.13

Supplies. For supplies, the requirements may be identified by citing the desired performance of functional characteristics or the industry standards, or by specifying a brand name for which equivalent products will be accepted.

2201.14

Services. For services, the requirement shall, to the maximum extent practicable, be identified in an SOW that sets forth the performance objectives and expected outcomes of the work. The standards for the required level of performance and the methods of evaluation will be specified.

D.C. Mun. Regs. tit. 15, r. 15-2201

Final Rulemaking published at 42 DCR 5126 (September 8, 1995); as amended by emergency Rulemaking published at 45 DCR 6356 (September 4, 1998) [EXPIRED]; as amended by emergency Rulemaking published at 47 DCR 913 (February 11, 2000) [EXPIRED]; as amended by Final Rulemaking published at 47 DCR 2600 (April 14, 2000)