D.C. Mun. Regs. tit. 27, r. 27-1648

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 27-1648 - POSTAWARD DEBRIEFINGS

1648.1

If a contract is awarded on a basis other than price alone, the contracting officer shall provide a postaward debriefing for any unsuccessful offeror that submits a written request for a debriefing, unless the Director determines that to do so is not in the best interest of the District.

1648.2

If a postaward debriefing is held, the information provided shall include, at a minimum:

(a) The District's evaluation of the significant weak or deficient factors in the unsuccessful offeror's proposal;

(b) The overall evaluated cost or price (including unit prices), the numeric technical rating, if applicable, of the successful offeror and the debriefed offeror, and past performance information on the debriefed offeror;

(c) The overall numeric ranking of all offerors, if any ranking was developed by the procuring agency during the evaluation;

(d) A summary of the rationale for award; and

(e) Reasonable responses to relevant questions about whether source selection procedures contained in the solicitation, applicable regulations and other applicable authorities were followed.

1648.3

The postaward debriefing shall not:

(a) Include point-by-point comparisons of the debriefed offeror's proposal with those of other offerors; or

(b) Reveal any information prohibited from disclosure by Section 417 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-354.17 (2012 Repl.)) or exempt from release under the District of Columbia Freedom of Information Act, effective March 25, 1977 (D.C. Law 1-96; D.C. Official Code §§ 2-531et seq. (2012 Repl.)), including:

(1) Information which has been designated as confidential and proprietary by an offeror;

(2) Trade secrets and commercial or financial information where disclosure would impair the competitive position of an offeror, including cost breakdowns, profit, indirect cost rates, and similar information;

(3) Inter-agency or intra-agency memoranda or letters which would not be available by law to a party other than an agency in litigation with the agency, including the names and written comments of the members of the evaluation panel;

(4) Information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy, including offerors' employees' names, résumés, contact information, the names of offerors' partners and the names of individuals providing reference information about an offeror's past performance; and

(5) Federal tax identification numbers or other information specifically exempted from disclosure by statute.

D.C. Mun. Regs. tit. 27, r. 27-1648

Final Rulemaking published at 60 DCR 1136 (February 1, 2013); amended by Final Rulemaking published at 62 DCR 9252 (7/3/2015)

Authority: Sections 204 and 1106 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code §§ 2-352.04 and 2-361.06) (2011 Repl.).