(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.

(a) This section shall apply to a protest of a solicitation or award of a contract addressed to the Board by any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract.
(b)(1) A protest based upon alleged improprieties in a solicitation which are apparent prior to bid opening or the time set for receipt of initial proposals shall be filed prior to bid opening or the time set for receipt of initial proposals. In procurements where proposals are requested, alleged improprieties which do not exist in the initial solicitation, but which are subsequently incorporated into the solicitation, shall be protested not later than the next closing time for receipt of proposals following the incorporation.
(2) In cases other than those covered in paragraph (1) of this subsection, protests shall be filed not later than 10 business days after the basis of protest is known or should have been known, whichever is earlier.
(c)(1) Within one business day of receipt of the protest, the Board shall notify the contracting officer that the protest has been filed. Except as provided in this section, no contract shall be awarded in any procurement after the contracting officer has received the notice and while the protest is pending. If an award has already been made but the contracting officer receives notice within 11 business days after the date of award, the contracting officer shall immediately direct the awardee to cease performance under the contract and to suspend any related activities that may result in additional obligations being incurred by the District under the contract. Except as provided in this section, performance and related activities suspended pursuant to this section shall not be resumed while the protest is pending.
(2) Performance under a protested procurement may proceed, or award may be made, while a protest is pending only if the CPO makes a written determination, supported by substantial evidence, that urgent and compelling circumstances that significantly affect interests of the District will not permit waiting for the decision of the Board concerning the protest. A copy of the determination shall be provided within one business day of issuance to both the Board and the protester.
(d) On any direct protest pursuant to subsection (a) of this section, the Board shall decide whether the solicitation or award was in accordance with the applicable law, rules, and terms and conditions of the solicitation. The decision of the Board shall be issued within 60 business days from the date on which the protest is filed. Any prior determinations by administrative officials shall not be final or conclusive. If the Board determines that a contract is void pursuant to § 2-359.02, the Board shall direct that the contract be cancelled and cause a determination to be made pursuant to § 2-359.02.
(d-1) An agency’s determination of its minimum needs and its determination of the best method of accommodating those minimum needs are business judgments primarily within the agency’s discretion. The Board may not sustain a protest on the basis of either determination unless a protester demonstrates by clear and convincing evidence that the determination lacked a reasonable basis.
(e) A determination of an issue of fact by the Board under subsection (d) of this section shall be final and conclusive unless arbitrary, capricious, fraudulent, or clearly erroneous.
(f)(1) In addition to other relief, the Board may order, when a protest is sustained, that the contract awarded under the solicitation be terminated for the convenience of the District; provided, that the Board shall not direct the award of a contract to a particular person. A determination in this regard shall be based on considerations such as:
(A) Best interests of the District government;
(B) Seriousness of the procurement deficiency;
(C) Existence of prejudice to other bidders;
(D) Maintaining the integrity of the procurement system;
(E) Good faith of District government officials and other parties;
(F) Extent of contract performance; or
(G) Impact of termination on the agency’s activities and mission.
(2) The Board may, when requested, award reasonable bid or proposal preparation costs and costs of pursuing the protest, not including legal fees, if it finds that the District government’s actions toward the protester or claimant were arbitrary or capricious.
(g)(1) The Board may dismiss, at any stage of the proceedings, any protest, or portion of a protest, it considers frivolous.
(2) In addition, the Board may require the protester to pay reasonable attorneys’ fees, for time counsel spent representing the agency in defending the frivolous protest or its frivolous part. If the entire protest is dismissed on frivolous grounds, it may also assess the protester additional damages for each day the contract was suspended equal to the amount of liquidated damages specified in the contract for late completion of the contract.
(3) The Board shall not determine damages if liquidated damages are not specified.
(4) In addition, counsel for the protester may be suspended or barred from practicing before the Board.
(h) The Board shall adopt rules for exercising its authority under this section.

5034.10 To be considered responsive, a bid must comply in all material respects with the IFB. Responsiveness involves matters that relate to the bid itself as opposed to the responsibility or other qualifications of the bidder. In determining whether a bid is responsive, the Contracting Officer has the discretion to permit correction of minor informalities or irregularities.

(a) Prior to awarding a contract, the District shall make a determination, in accordance with the process established under § 2-353.01, that the prospective contractor has the necessary capacity to perform in accordance with the terms and conditions of the contract.
(b) For all contracts to exceed $100,000, a potential contractor shall complete and submit with its bid or offer a certification developed by OCP to provide information needed to determine if a prospective contractor is responsible. The certification shall be signed under the penalty of perjury.
(c) After the contract is awarded, if the District learns that the contractor certified false information, the District may terminate the contract. The contractor shall update its responses in the certification during the term of the contract within 60 days of a material change in a response to its prior questionnaire and prior to the exercise of an option year contract. The District may consider failure of the contractor to update the certification with this information as material breach of the contract and invoke remedies pursuant to the provisions of this chapter. Information within the certification may be made available to the public, except to the extent that any information is exempt from disclosure.
(d) A determination by the CPO that a prospective contractor is non-responsible shall be final. The determination of non-responsibility shall not be overturned unless arbitrary or capricious.
(e) Upon determining that a prospective contractor is non-responsible, the CPO shall consider whether the contractor should be suspended or debarred pursuant to the procedure and criteria of § 2-359.07.
(f) Contractors shall ensure that their subcontractors meet the criteria for responsibility pursuant to § 2-353.01.
(g) Information about a prospective or current contractor relevant to a contractor’s responsibility, or lack thereof, may be submitted for consideration to the CPO by a member of the general public.

(a) All claims by a contractor against the District government arising under or relating to a contract shall be in writing and shall be submitted to the contracting officer for a decision.
(b) Within 120 days after receipt of a claim, the contracting officer shall issue a decision, whenever possible taking into account factors such as the size and complexity of the claim and the adequacy of the information in support of the claim provided by the contractor.
(c) Any failure by the contracting officer to issue a decision on a contract claim within the required time period shall be deemed to be a denial of the claim and shall authorize the commencement of an appeal on the claim as otherwise provided in this subchapter.
(d)(1) If a contractor is unable to support any part of his or her claim and it is determined that the inability is attributable to a material misrepresentation of fact or fraud on the part of the contractor, the contractor shall be liable to the District government for an amount equal to the unsupported part of the claim in addition to all costs to the District government attributable to the cost of reviewing that part of the contractor’s claim.
(2) Liability under this section shall be determined within 6 years of the commission of the misrepresentation of fact or fraud.

(a) The Board shall be the exclusive hearing tribunal for, and shall review and determine de novo:
(1) Any protest of a solicitation or award of a contract addressed to the Board by any actual or prospective bidder, offeror, or the contractor who is aggrieved in connection with the solicitation or award of a contract;
(2) Any appeal by a contractor from a final decision by the contracting officer on a claim by a contractor, when the claim arises under or relates to a contract; and
(3) Any claim by the District against a contractor, when such claim arises under or relates to a contract.
(b) Jurisdiction of the Board shall be consistent with the coverage of this chapter as set forth in § 2-351.05, except that the Board may enter into fee-for-service agreements with agencies, departments, boards, commissions, and instrumentalities of the District or other public entities that are not subject to the Board’s jurisdiction. The agreements shall provide for the Board to resolve contract disputes, including appeals and protests of those agencies, departments, boards, commissions, and instrumentalities. With agreements of the parties, the Board may provide alternate dispute resolution services.

(a)(1) There is established as an independent agency the Office of Contracting and Procurement, which shall be administered by the Chief Procurement Officer. Except as otherwise provided in this chapter, OCP, through the CPO, shall have the exclusive authority to administer the provisions of this chapter.
(2) Repealed.
(3) Notwithstanding paragraph (1) of this subsection, until October 1, 2015, the following agencies, through their chief procurement officers, shall exercise the duties of the CPO for their respective agencies:
(A) The Department of Disability Services; and
(B) The Department of Behavioral Health, if a court order no longer requires the agency to be exempt from the CPO’s authority.
(4) The CPO may delegate contracting authority to employees of an agency, including OCP, or another instrumentality.
(5) Agencies and instrumentalities subject to this chapter shall determine their requirements for goods and services and administering awarded contracts.
(b) Notwithstanding subsection (a) of this section, the following agencies shall not be subject to the authority of the CPO, but shall conduct procurements in accordance with the provisions of this chapter:
(1) The Office of the Chief Financial Officer;
(1A) The Tax Revision Commission, pursuant to § 2-354.07;
(1B) The Office of the Attorney General;
(2) The University of the District of Columbia;
(3) The District of Columbia Housing Authority;
(4) The District of Columbia Public Library;
(5) The District of Columbia Public Schools;
(6) The Child and Family Services Agency, until such time as a court order no longer requires the agency to be exempt from the CPO’s authority;
(7) Repealed.
(8) The Public Service Commission;
(9) The Office of the People’s Counsel;
(10) The Criminal Justice Coordinating Council;
(11) The Department of General Services; and
(12) The Criminal Code Reform Commission.
(c) The Office of the Attorney General and the Inspector General may contract for the services of accountants, lawyers, and other experts when they determine and state in writing that good reason exists why the services should be procured independently of the Chief Procurement Officer.
(d) Except regarding agencies exempted in § 2-351.05(c) and subsection (b) of this section and roads, bridges, other transportation systems, and facilities and structures appurtenant to roads, bridges, and other transportation systems, the Department of General Services shall have procurement authority for:
(1) Construction and related services under subchapter VI of this chapter; and
(2) Facilities maintenance and operation services, real estate asset management services, utility contracts, and security services, as set forth in § 10-551.02(5).
(e) Except as otherwise provided in § 2-351.05(b), the CPO may review and monitor procurements, including for construction and related services under subchapter VI of this chapter, by any agency, instrumentality, employee, or official exempt under this chapter or authorized to procure independently of OCP.
(f) The CPO may conduct procurements and award contracts on behalf of any agency exempt under this chapter or authorized to procure independently of OCP, when requested by the agency to do so. In conducting procurements or awarding contracts, the CPO shall comply with the requirements of this chapter, except as provided in § 2-272.01(e).

(a) Except as provided in § 2-359.08, within 90 days after the date of receipt of a decision of the contracting officer, the contractor may appeal the decision to the Board by filing a complaint.
(b) The Board shall provide, to the fullest extent practicable, informal, expeditious, and inexpensive resolution of disputes, shall issue a decision in writing, or take other appropriate action on each appeal submitted, and shall mail or otherwise furnish a copy of the decision to the contractor and the Mayor. All decisions which constitute a final adjudication of appeal on the merits shall be published in the District of Columbia Register.
(c)(1) The rules of the Board shall include a procedure for the accelerated disposition of any appeal from a decision of the contracting officer if the amount in dispute is $50,000 or less.
(2) The procedure shall be applicable at the sole election of the contractor.
(3) Appeals under the accelerated procedure shall be resolved within 180 days from the date the contractor elects to utilize the procedure.
(d)(1) The rules of the Board shall include a small claims procedure for the expedited disposition of any appeal from a decision of the contracting officer if the amount in dispute is $10,000 or less. The procedure shall be applicable at the sole election of the contractor.
(2) The small claims procedure shall provide for simplified rules of procedure to facilitate the decision of any appeal. The appeals may be decided by a single member of the Board with any concurrences required by rule.
(3) Appeals under the small claims procedure shall be resolved, whenever possible, within 90 days from the date on which the contractor files an appeal.
(4) A decision against the District government or the contractor reached under the small claims procedure shall be final and conclusive and shall not be set aside except in cases of fraud.
(5) Administrative determinations and final decisions under the small claims procedure shall have no value as precedent for future cases under this subchapter.

**(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.
**(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.

DC CODE § 2-354.09
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.