(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.)