GOVERNMENT OF THE DISTRICT OF COLUMBIA

CONTRACT APPEALS BOARD

APPEAL/PROTEST OF:                                             )

                                                                                    )

)

)           CAB No.                    

Solicitation/Contract No.                                              )

                                                                                    )

Agency:                                                                        )

APPLICATION FOR ACCESS TO MATERIALS

UNDER PROTECTIVE ORDER

FOR CONSULTANT

1.         I,                     , am a consultant employed by                                            , and hereby apply for access to protected material covered by the protective order issued in connection with this appeal/protest.

2.         I have been retained by                                                   , and will, under the direction and control of that attorney, assist in the representation of                                                            in this appeal/protest.

3.         I hereby certify that I am not involved in competitive decision-making for or on behalf of any party to this appeal/protest or any other firm that might gain a competitive advantage for access to the material disclosed under the protective order.  Neither I nor my employer provides advice or participates in any decisions of such parties in matters involving similar or corresponding information about a competitor.  This means, for example, that neither I nor my employers provides advice concerning or participates in decisions about marketing or advertising strategies, product research and development, product design or composition of bids, offers, or proposals with respect to which the use of protected material could provide a competitive advantage.

4.         My professional relationship with the party I represent in this appeal/protest and its personnel is strictly as a consultant on issues relevant to the protest.  Neither I, my spouse, nor any member of my immediate family holds office or a management position in any company that is a party.

5.         I have attached the following information:

(a)        a current resume describing my education and employment experience to date;

(b)        a list of all clients for whom I have performed work within the 2 years prior to the date of this application, and a brief description of the work performed;

(c)        a list of all clients for whom my employer has performed work within the 2 years prior to the day of this application and for whom the use of protected material could provide a competitive advantage, and a brief description of the work performed;

(d)        a statement of the services I am expected to perform in connection with this appeal/protest.

(e)        a description of the financial interests that I, my spouse, and/or my family has in any entity that is an interested party in this appeal/protest or whose protected material will be reviewed; if none, I have so stated;

(f)         a list identifying by name of forum, case number, date, and circumstances all instances in which I have been granted admission or been denied admission to a protective order, or had a protective order admission revoked, or been found to have violated a protective order issued by DCCAB or by an administrative or judicial tribunal; if none, I have so stated; and

(g)        a statement of the professional associations to which I belong including membership numbers.

6.         I have read a copy of the protective order issued by DCCAB in this appeal/protest, and I will comply in all respects with all terms and conditions of that order in handling any protected material filed or produced in connection with the appeal/protest.  I will not disclose any protected material to any individual other than those individuals admitted under the protective order by DCCAB.

7.         For a period of 2 years from the date this application is granted, I will not engage or assist in the preparation of a proposal to be submitted to any agency of the District of Columbia government where I know or have reason to know that any party to the appeal/protest, or any successor entity, will be a competitor, subcontractor, or teaming member.  *Describe subject of procurement at issue in the appeal/protest.

8.         For a period of 2 years from the date this application is granted, I will not engage or assist in the preparation of a proposal for submission to the contracting agency nor will I have any personal involvement in any such activity.   *Name of contracting agency.     *Describe procurement at issue in the appeal/protest.

9.         I acknowledge that any violation of the terms of the protective order may result in the imposition of such sanctions as DCCAB deems appropriate, including but not limited to referral of the violation to appropriate disciplinary bodies or professional associations, and restricting my practice before DCCAB.  I further acknowledge that a party whose protected information is improperly disclosed shall be entitled to all remedies under law or equity, including breach of contract.

CERTIFICATION:

            By my signature, I certify, that, to the best of my knowledge, the representations set forth above (including any attached statement) are true and correct.  I recognize that knowingly making a false statement on this application could render me liable to a $1,000 fine or 180 days imprisonment, or both, pursuant to D.C. Code § 22-2514.

Signature, Title                                                              Date Executed