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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 27-3. PROTEST PROCEDURES OF THE CONTRACT APPEALS BOARD |
Section 27-305. AGENCY REPORT
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305.1As expeditiously as possible but no later than twenty (20) days of receipt of the Board acknowledgment specified in Rule 301.2, the contracting agency shall file an Agency Report with the Board which shall include, where relevant:
(a)The procurement solicitation;
(b)The bid or proposal submitted by the protester;
(c)The bid or proposal which is being considered for award, or which has resulted in an award, if any;
(d)Bid tabulation sheets or proposal selection reports and evaluation reports, work papers, and scoring sheets;
(e)The contracting agency position and defense for each ground of the protest, including the facts, legal principles, and precedents supporting its position; and
(f)Any other documents and exhibits that are relevant to the protest.
305.2The contracting agency shall simultaneously provide a copy of the Agency Report to the protester and all interested parties.
305.3Copies of the Agency Report provided under Rule 305.2 shall include all relevant documents including documents containing protected information. Copies of the Agency Report served on the protester or an intervenor shall be redacted to exclude protected information unless such parties have been admitted under a protective order.
305.4The Board may require parties to supplement the Agency Report by filing other documents and tangible things.
305.5All exhibits in the Agency Report shall be considered, without further action by the parties, a part of the record upon which the Board will render its decision. However, a party may object, for reasons stated, to consideration of a particular document reasonably in advance of closing the record. If an objection is made, the Board shall remove the documents from the Agency Report and permit the party offering the document to move its admission as evidence.
305.6Documents in the Agency Report may be originals or legible paper or electronic facsimiles or authenticated copies, and shall be arranged in chronological order where practicable, numbered sequentially, tabbed, and indexed to identify the contents of the file.
305.7Original copies of documents may be withdrawn from the Agency Report, with the Board's consent, if an acceptable copy is substituted.
305.8The contracting agency may request, by motion, an extension of the deadline for filing the Agency Report and shall supply an explanation of why an extension is needed. Extensions are to be considered exceptional and will be granted only for good cause.
305.9When a contracting agency fails to submit an Agency Report, the Board may treat the factual allegations contained in the protest as conceded. When a contracting agency fails to challenge or rebut a factual allegation in the protest, the Board may treat the factual allegation as conceded.