5471205 Contracting and Procurement, Office of - Notice of Final Rulemaking - To align Title 27 DCMR, Chapter 42 (Freedom of Information and Privacy) with the DC Freedom of Information Act, title II of the District of Columbia Administrative ...

OFFICE OF CONTRACTING AND PROCUREMENT

NOTICE OF FINAL 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 final rulemaking 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 gave notice of her intent to adopt these rules on March 18, 2015, and the proposed rules were published in the D.C. Register on April 10, 2015, at 62 DCR 4641.  No comments were received and no changes have been made to the text of the rules as published.  

 

The CPO took final action to adopt these rules on May 11, 2015 and they will become effective upon publication in the D.C. Register.

 

Chapter 42, FREEDOM OF INFORMATION AND PRIVACY, of Title 27 DCMR, CONTRACTS AND PROCUREMENT, 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Section 4200, FREEDOM OF INFORMATION REQUESTS, is repealed and replaced with: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 I, 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.