D.C. Mun. Regs. r. 27-3111

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 27-3111 - PROPRIETARY OR CONFIDENTIAL INFORMATION IN BIDS AND PROPOSALS

3111.1

In accordance with § 417 of the Procurement Practices Reform Act of 2010, D.C. Official Code § 2-354.17, a bidder or offeror shall designate information contained in a response to the invitation for bids or request for proposals as proprietary or confidential by specifically identifying that information in writing in the bid or proposal.

3111.2

A bidder or offeror including proprietary or confidential information in its bid or offer shall conspicuously display the following information on the first page of the bid or offer if the bidder or offeror does not want the proprietary or confidential information disclosed to the public for any purpose or used by the District except within the procurement process:

(a) That the bid or offer includes proprietary or confidential information that shall not be disclosed outside the District government without prior written notice and shall not be duplicated, used, or disclosed, in whole or in part, for any purpose other than the procurement process;

(b) That if a contract is awarded to the bidder or offeror, the District shall have the right to duplicate, use, or disclose the proprietary or confidential information to the extent provided in the contract;

(c) That this restriction does not limit the District's right to use the proprietary or confidential information if it is obtained from another source without restriction; and

(d) That the bidder or offeror has conspicuously identified the proprietary or confidential information within each page subject to the restriction.

3111.3

In addition to the requirements of § 3111.2 of this chapter, the bidder or offeror shall conspicuously mark each separate sheet containing proprietary or confidential information with a notation to the effect that use or disclosure of proprietary or confidential information contained and specifically designated in the sheet is subject to the restriction set forth on the first page of the bid or offer.

3111.4

The bidder or offeror shall not designate as confidential or proprietary the name of the bidder or offeror, the bid or proposal price, or any information that is not actually proprietary or confidential.

D.C. Mun. Regs. r. 27-3111

Final Rulemaking published at 35 DCR 1621 (February 26, 1988); amended by Final Rulemaking published at 65 DCR 11919 (10/26/2018)