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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 27. CONTRACTS AND PROCUREMENT |
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Chapter 27-1. GENERAL RULES OF THE CONTRACT APPEALS BOARD |
Section 27-100. GENERAL PROVISIONS
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100.1Scope. These rules, consisting of Chapters 1, 2, 3 and 4 of Title 27 of the DCMR, govern all proceedings in all cases filed with the District of Columbia Contract Appeals Board (Board).
100.2Definitions. In addition to the terms defined in D.C. Code § 1-1181.7, the following terms shall have the indicated definitions for purposes of Chapters 1, 2, and 3 of these rules:
(a)Aggrieved person means an actual or prospective bidder or offeror (i) whose direct economic interest would be affected by the award of a contract or by the failure to award a contract, or (ii) who is aggrieved in connection with the solicitation of a contract.
(b)Appeal means a submission to the Board seeking administrative review of a claim by the District or a contractor arising under or related to a contract, a claim for interest penalties pursuant to the District of Columbia Quick Payment Act, or a debarment or suspension action. Appellant means the party filing an appeal with the Board. For purposes of these rules, a "protest" is not an appeal.
(c)Business day means any day other than a Saturday, Sunday, or legal holiday.
(d)Case means an appeal or a protest.
(e)Contracting agency means a department, agency, or instrumentality of the District government which employs the contracting officer who has the authority to enter into a contract which is the subject of the solicitation, contract, or agency action at issue before the Board.
(f)Days refer to calendar days, unless otherwise provided. Rules 122.1-122.3 govern computation of time.
(g)Director means the Director of the Office of Contracting and Procurement who is the Chief Procurement Officer.
(h)Dispositive motion means a motion which, if granted, would terminate part or all of a case on the merits or on procedural grounds.
(i)An ex parte communication means any oral or written communication with the Board, which excludes one or more parties to the case, concerning the merits of the case pending before the Board, made by any persons directly or indirectly involved in the outcome of the case.
(j)In camera review refers to the private review of documents or exhibits by an administrative judge without the presence of parties or attorneys.
(k)Interested party has the same meaning as aggrieved person.
(l)Intervenor means an awardee if the award has been made, or, if no award has been made, all bidders or offerors who appear to have a substantial prospect of receiving an award if the protest is denied.
(m)Protected information means information subject to a protective order, such as proprietary, confidential, or source-selection-sensitive material, as well as other information the release of which could result in a competitive advantage to one or more firms.
(n)Protest means a written objection by an aggrieved party to a solicitation for bids or proposals or a written objection to a proposed or actual contract award. Protester means an aggrieved party who files a protest with the Board.
(o)Respondent means the contracting agency whose decision, action, or inaction is the subject of an appeal or protest.
100.3Codification. These rules shall amend Chapters 1, 2, and 3 of Title 27 of the District of Columbia Municipal Regulations and shall be cited with the appropriate reference to the publication of these rules in the D.C. Register, indicating the volume number, page number and the date of publication.
100.4Application. These rules shall apply to all appeals and protests filed with the Board on or after the date of the publication of the notice of final rulemaking in the D.C. Register and to all further proceedings in appeals and protests pending before the Board at that time.
100.5Transition. If, however, the Board determines that the application of a rule in a particular case pending before the Board on the effective date of these rules would be impracticable or would work an injustice on a party, the Board may order that all or a portion of the former rules shall apply to further proceedings in the case.
100.6Construction. These rules shall be construed to obtain the just, expeditious, and inexpensive resolution of every case. In addition to the Board's own precedent, the Board will be guided by (i) precedent of the District of Columbia courts in construing those Board rules which are analogous to the Rules of Civil Procedure of the D.C. Superior Court; and (ii) precedent of the United States General Accounting Office in construing those Board rules which are analogous to protest rules of the General Accounting Office.