1633 DEBRIEFINGS

1633.1 If a contract is awarded on a basis other than price alone, the contracting officer shall provide a debriefing for any unsuccessful offeror that submits a written request for a debriefing, unless the Director determines that to do so is not in the best interest of the District.

1633.2 If a debriefing is held, the information provided shall include, at a minimum:

(a) The District's evaluation of the significant weak or deficient factors in the unsuccessful offeror's proposal;

(b) The overall evaluated cost or price (including unit prices), the numeric technical rating, if applicable, of the successful offeror and the debriefed offeror, and past performance information on the debriefed offeror;

(c) The overall numeric ranking of all offerors, if any ranking was developed by the procuring agency during the evaluation;

(d) A summary of the rationale for award; and

(e) Reasonable responses to relevant questions about whether source selection procedures contained in the solicitation, applicable regulations and other applicable authorities were followed.

1633.3 The debriefing shall not:

(a) Include point-by-point comparisons of the debriefed offeror's proposal with those of other offerors; or

(b) Reveal any information prohibited from disclosure by subsection 4 17 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-354.17) (2011 Repl.)) or exempt from release under the District of Columbia Freedom of Information Act, effective March 25, 1977 (D.C. Law 1-96; D.C. Official Code §§ 2-531, et seq.) (2011 Repl.)), including:

(1) Information which has been designated as confidential and proprietary by an offeror;

(2) Trade secrets and commercial or financial information where disclosure would impair the competitive position of an offeror, including cost breakdowns, profit, indirect cost

rates, and similar information;

(3) Inter-agency or intra-agency memoranda or letters which would not be available by law to a party other than an agency in litigation with the agency, including the names and written comments of the members of the evaluation panel;

(4) Information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy, including offerors' employees' names, résumés, contact information, the names of offerors' partners and the names of individuals providing reference information about an offeror's past performance; and

(5) Federal tax identification numbers or other information specifically exempted from disclosure by statute.

1633.4 The contracting officer shall include a written summary of the debriefing in the contract file.

SOURCE: Notice of Emergency and Proposed Rulemaking published at 58 DCR 150 (January 7, 2011)[EXPIRED]; as amended by Notice of Emergency Rulemaking published at 58 DCR 4039 (May 6, 2011)[EXPIRED]; as amended by Notice of Emergency and proposed Rulemaking published at 58 DCR 8080 (September 16, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 9826 (November 18, 2011).