5411453 Contracting and Procurement, Office of - Notice of Proposed Rulemaking - Outlines procedures applicable to requests for records made pursuant to the D.C. Freedom of Information Act (FOIA)
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OFFICE OF CONTRACTING AND PROCUREMENT
NOTICE OF PROPOSED RULEMAKING
The Chief Procurement Officer (CPO) of the District of Columbia, pursuant to the authority set forth in 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 (2012 Repl.)), hereby gives notice of the intent to adopt rules to amend Chapter 42 (Freedom of Information and Privacy) of Title 27 (Contracts and Procurement) of the District of Columbia Municipal Regulations (DCMR).
This rulemaking updates the regulations and outlines the procedures applicable to requests for records made pursuant to the D.C. Freedom of Information Act, Title II of the District of Columbia Administrative Procedure Act, effective March 29, 1977 (D.C. Law 1-96; D.C. Official Code §§ 2-531 et seq. (2012 Repl.)) (the “FOIA Act”). This rulemaking aligns the regulations and procedures for records requests with the FOIA Act and Title 1, Chapter 4 of the DCMR.
The CPO gives notice of intent to take final rulemaking action in not less than thirty (30) days from the date of publication in the D.C. Register.
Chapter 42, FREEDOM OF INFORMATION AND PRIVACY, of Title 27 DCMR, CONTRACTS AND PROCUREMENTS, is amended as follows:
Section 4200, FREEDOM OF INFORMATION REQUESTS, is repealed and replaced with:
4200 REQUESTS FOR RECORDS
4200.1 A request for a record of the Office of Contracting and Procurement (OCP) shall be made to OCP’s designated Freedom of Information Officer.
4200.2 OCP’s response to a request for a record shall be made in accordance with the provisions of the D.C. Freedom of Information Act (Title II of the District of Columbia Administrative Procedure Act, effective March 29, 1977 (D.C. Law 1-96; D.C. Official Code §§ 2-531 et seq. (2012 Repl.)) (“FOIA Act”), and Title 1, Chapter 4 of the D.C. Municipal Regulations.
Section 4201, PROPRIETARY AND CONFIDENTIAL INFORMATION, is repealed and replaced with:
4201 [RESERVED]
Section 4202, PRIVACY AND DISCLOSURE, is amended to read as follows:
4202 PRIVACY AND DISCLOSURE
4202.1 If a contractor collects, retains, or has in its possession any document, record, or other information obtained in the performance of a District contract which document, record, or information may be exempt from disclosure under the FOIA Act, the contractor shall not disclose the document, record, or other information to any person other than an authorized District employee or agent.
4202.2 If a contractor collects, retains, or has in its possession any document, record, or other information obtained in the performance of a District contract, the disclosure of which is prohibited by any District or federal law or regulation, the contractor shall not disclose the document, record, or other information to any person other than an authorized District employee or agent.
4202.3 If a contractor is not sure whether a document, record, or other information may be disclosed, the contractor shall refer the matter to the contracting officer.
Section 4299, DEFINITIONS, is repealed.
All persons desiring to comment on the subject matter of this proposed rulemaking should submit comments to the Chief Procurement Officer, 441 4th Street, 700 South, Washington, D.C. 20001. Comments may be sent by email to OCPRulemaking@dc.gov, by postal mail or hand delivery to the address above, or by calling (202) 727-0252. Comments must be received no later than thirty (30) days after the date of publication of this notice in the D.C. Register. A copy of this proposed rulemaking may be requested at the same address, e-mail, or telephone number as above.
