(1) In this section, “solicitation” means invitation to bids, request for proposals, or any other method or instrument used to communicate to potential bidders, offerors or respondents to the Commission’s needs.
(2) The OSDI Director in collaboration with the appropriate WSSC personnel may select the following solicitations for inclusion and eligibility in the ODBDP:
(i) Solicitations which have an estimated contract value of $1,000,000 or less for award to an eligible MBE or WSSC-approved SLBE; or
(ii) Solicitations which have an estimated contract value of $1,000,000 or less for award to a joint venture with an eligible MBE or WSSC-approved SLBE firm.
(3) Solicitations are eligible for inclusion in ODBDP when the base term estimated contract value averages $1,000,000 or less (formula for calculation: Base term divided by estimated contract value). The Procurement Office shall make the applicable contracting decisions regarding the base term of contracts.
(4) In determining whether a solicitation is eligible for ODBDP, the OSDI Director or designee with the support of the WSSC Contracting Department shall consider:
(i) Whether there are at least three eligible MBEs or WSSC-approved SLBEs that are available and capable to participate in the ODBDP for this solicitation;
(ii) The degree of underutilization of the eligible MBE or WSSC-approved SLBE prime contractors in the specific industry category; and
(iii) The extent to which the eligible MBE or WSSC-approved SLBE prime contractor goals are being achieved.
(5) If a responsive and responsible bid or response is not received for a solicitation that has been designated for ODBDP, or if the apparent low bid is determined to be fiscally unacceptable, then the solicitation shall be removed from the ODBDP and placed in the market with less restrictive MBE and SLBE program preferences.
(6) In the ODBDP, collectively, eligible MBE or WSSC-approved SLBE prime and subcontractors must retain 60 percent of the contract value and may not subcontract more than 40 percent to majority subcontractors. This requirement does not apply to supply contracts, licensing agreements, and distributorship agreements. Any eligible MBE or WSSC-approved SLBE awarded a contract under this section as a prime contractor or consultant may not contract more than 40 percent of the contract value to a firm other than other certified MBE or WSSC-approved SLBEs.
(b) Applicability. Architectural and engineering; construction services; goods and services; professional services.