Section 30-2310. DISCLOSURE AND USE OF INFORMATION BEFORE AWARD  


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    2310.1During the pre-award period of a procurement by competitive sealed proposals, only the contracting officer and others specifically authorized by the Director or the contracting officer may transmit technical or other information, or conduct any discussions with prospective contractors.

     

    2310.2After receipt of proposals, the information contained in them and the number or identity of offerors shall not be made available to the public or to anyone at the Agency not required to have access to the information in the performance of his or her duties.

     

    2310.3No employee or agent of the Agency shall furnish information to a prospective contractor if, alone or together with other information, it might give the prospective contractor an advantage over others. However, general information that is not prejudicial to others may be furnished upon request.

     

    2310.4In order to ensure that solicited proposals (whether bearing a restrictive notice or not) are properly handled, the following notice shall be placed on the cover sheet of each proposal upon receipt:

     

    NOTICE FOR HANDLING PROPOSALS

     

    This proposal shall be used and disclosed for evaluation purposes only, and a copy of this notice shall be applied to any reproduction or abstract of this proposal. Any authorized restrictive notices which the submitter places on this proposal shall also be strictly complied with. Disclosure of this proposal outside the Agency for evaluation purposes shall be made only to the extent authorized by, and in accordance with, the procedures established under the procurement rules of the Agency.

     

    2310.5A contracting officer may release proposals outside the Agency for evaluation, consistent with the following requirements:

     

    (a) A written agreement shall be obtained from the outside evaluator that the information contained in the proposal will be used only for evaluation purposes and will not be further disclosed; and

     

    (b) Any authorized restrictive legends placed on the proposal by the prospective contractor or subcontractor or by the Agency shall be affixed to any reproduction or abstracted information made by the evaluator.

     

source

Final Rulemaking published at 36 DCR 6681, 6745 (September 22, 1989).