(a) The Office may provide for a process of prequalification for private entities to submit a bid pursuant to § 2-273.03. The process shall include public notice of a request for qualifications, including the requirements and the criteria the Office will use in determining whether the private entity prequalifies.

(b) In order to be prequalified to submit a bid pursuant to § 2-273.03, a private entity shall, in addition to any requirements set forth in the request for proposals for a public-private partnership project:

(1) Have available sufficient sources of funding, capital, securities, or other financial resources necessary to carry out the public-private partnership project if selected;

(2) Possess, either through its staff, subcontractors, a consortium, or joint venture agreement, the managerial, organizational, technical capacity, and experience in the type of project for which the proposer is submitting a bid;

(3) Be qualified to lawfully conduct business in the District; and

(4) Certify that no director, officer, partner, owner, or other individual with direct and significant control over the policy or finances of the private entity has been convicted of corruption or fraud in any jurisdiction of the United States.

(c) If the Office determines that a prequalification process is appropriate for the public-private partnership project, only prequalified private entities may be a proposer.

(d) The Office may charge a reasonable application fee for prequalification that may not exceed the Office's actual direct cost of evaluating the application and which shall be deposited into the Fund established by § 2-272.04.

(Mar. 11, 2015, D.C. Law 20-228, § 107, 62 DCR 261.)