General Procurement and Acquisition

Designation evidence

• NARA authority row: 48 CFR 3.104-4 | status: Specified | banner: CUI//SP-PROCURE.
• NARA sanctions field: 41 USC 2105 48 CFR 3.104-8.
• DoD authority row: 48 CFR 3.104-4. DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
• Related authority evidence: 48 CFR 3.104-4 | status: Specified | banner: CUI//SP-PROCURE | sanctions: 41 USC 2105 48 CFR 3.104-8
• Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
• Registry designation context: Specified + Basic, CUI//SP-PROCURE. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
• Registry designation for this category is Specified + Basic with banner CUI//SP-PROCURE.

Extracted authority meaning

• Federal Acquisition Regulation 3.104–4
• Registry designation context: Specified + Basic, CUI//SP-PROCURE. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.

Operating conditions

• NARA category scope used with this authority: Material and information relating to, or associated with, the acquisition and procurement of goods and services, including but not limited to, cost or pricing data, contract information, indirect costs and direct labor rates.
• DoD category scope used with this authority: Material and information relating to, or associated with, the acquisition and procurement of goods and services, including but not limited to, cost or pricing data, contract information, indirect costs and direct labor rates.
• 48 CFR 3.104-4 | status: Specified | banner: CUI//SP-PROCURE | sanctions: 41 USC 2105 48 CFR 3.104-8
• DoD lists this authority for the category; the linked authority text is extracted below when available.
• NARA registry status: Specified + Basic. Per-authority NARA status values: Specified, Basic. NARA banner marking evidence: CUI//SP-PROCURE, CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
• NARA category scope: Material and information relating to, or associated with, the acquisition and procurement of goods and services, including but not limited to, cost or pricing data, contract information, indirect costs and direct labor rates.
• Extracted authority condition: (e) This section does not restrict or prohibit— (1) A contractor from disclosing its own bid or proposal information or the recipient from receiving that informa- tion; (2) The disclosure or receipt of infor- mation, not otherwise protected, relat- ing to a Federal agency procurement after it has been canceled by the Fed- eral agency, before contract award, un- less the Federal agency plans to re- sume the procurement; (3) Individual meetings between a Federal agency official and an offeror or potential offeror for, or a recipient of, a contract or subcontract under a Federal agency procurement, provided that unauthorized disclosure or receipt of contractor bid or proposal informa- tion or source selection information does not occur; or (4) The Government’s use of technical data in a manner consistent with the Government’s rights in the data.
• Extracted authority condition: Any release containing con- tractor bid or proposal information or source selection information must clearly identify the information as contractor bid or proposal information or source selection information related to the conduct of a Federal agency pro- curement and notify the recipient that the disclosure of the information is re- stricted by 41 U.S.C. chapter 21; (2) The withholding of information from, or restricting its receipt by, the Comptroller General in the course of a protest against the award or proposed award of a Federal agency procurement contract; (3) The release of information after award of a contract or cancellation of a procurement if such information is contractor bid or proposal information or source selection information that pertains to another procurement; or (4) The disclosure, solicitation, or re- ceipt of bid or proposal information or source selection information after award if disclosure, solicitation, or re- ceipt is prohibited by law.
• Extracted authority condition: Individuals responsible for preparing material that may be source selection information as described at paragraph (10) of the ‘‘source selection informa- tion’’ definition in 2.101 must mark the cover page and each page that the indi- vidual believes contains source selec- tion information with the legend ‘‘Source Selection Information—See FAR 2.101 and 3.104.’’ Although the in- formation in paragraphs (1) through (9) of the definition in 2.101 is considered to be source selection information whether or not marked, all reasonable
• Extracted authority condition: (a) Except as specifically provided for in this subsection, no person or other entity may disclose contractor bid or proposal information or source selec- tion information to any person other than a person authorized, in accord- ance with applicable agency regula- tions or procedures, by the agency head or the contracting officer to receive such information.

Safeguarding and dissemination controls

• NARA registry control evidence: status Specified; banner marking CUI//SP-PROCURE.
• Nara basic or specified: Specified + Basic
• Nara authority rows: 48 CFR 3.104-4 | status: Specified | banner: CUI//SP-PROCURE | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 52.215-1(e) | status: Specified | banner: CUI//SP-PROCURE | sanctions: 41 USC 2105 48 CFR 3.104-8 || 10 USC 4021(i)(2)(B)(i) and (ii) | status: Basic | banner: CUI
• Nara banner markings: CUI//SP-PROCURE, CUI
• Nara sanctions: 41 USC 2105 48 CFR 3.104-8
• No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
• Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
• Extracted authority control: Any release containing con- tractor bid or proposal information or source selection information must clearly identify the information as contractor bid or proposal information or source selection information related to the conduct of a Federal agency pro- curement and notify the recipient that the disclosure of the information is re- stricted by 41 U.S.C. chapter 21; (2) The withholding of information from, or restricting its receipt by, the Comptroller General in the course of a protest against the award or proposed award of a Federal agency procurement contract; (3) The release of information after award of a contract or cancellation of a procurement if such information is contractor bid or proposal information or source selection information that pertains to another procurement; or (4) The disclosure, solicitation, or re- ceipt of bid or proposal information or source selection information after award if disclosure, solicitation, or re- ceipt is prohibited by law.
• Extracted authority control: (f) This section does not authorize— (1) The withholding of any informa- tion pursuant to a proper request from the Congress, any committee or sub- committee thereof, a Federal agency, the Comptroller General, or an Inspec- tor General of a Federal agency, except as otherwise authorized by law or regu- lation.
• Extracted authority control: (e) This section does not restrict or prohibit— (1) A contractor from disclosing its own bid or proposal information or the recipient from receiving that informa- tion; (2) The disclosure or receipt of infor- mation, not otherwise protected, relat- ing to a Federal agency procurement after it has been canceled by the Fed- eral agency, before contract award, un- less the Federal agency plans to re- sume the procurement; (3) Individual meetings between a Federal agency official and an offeror or potential offeror for, or a recipient of, a contract or subcontract under a Federal agency procurement, provided that unauthorized disclosure or receipt of contractor bid or proposal informa- tion or source selection information does not occur; or (4) The Government’s use of technical data in a manner consistent with the Government’s rights in the data.
• Extracted authority control: (3) Nothing in paragraph (d)(1) of this subsection may be construed to pro- hibit a former official of a Federal agency from accepting compensation from any division or affiliate of a con- tractor that does not produce the same or similar products or services as the entity of the contractor that is respon- sible for the contract referred to in paragraph (d)(1) of this subsection. [67 FR 13059, Mar. 20, 2002, as amended at 79 FR 24196, Apr. 29, 2014] 3.104–4 Disclosure, protection, and marking of contractor bid or pro- posal information and source selec- tion information.
• Extracted authority control: (a) Except as specifically provided for in this subsection, no person or other entity may disclose contractor bid or proposal information or source selec- tion information to any person other than a person authorized, in accord- ance with applicable agency regula- tions or procedures, by the agency head or the contracting officer to receive such information.
• Extracted authority control: (4) Conduct that complies with 41 U.S.C. 2103 may be prohibited by other criminal statutes and the Standards of Ethical Conduct for Employees of the Executive Branch.
• Extracted authority control: (c) Individuals unsure if particular information is source selection infor- mation, as defined in 2.101, should con- sult with agency officials as necessary.

Designation evidence

• NARA authority row: 48 CFR 52.215-1(e) | status: Specified | banner: CUI//SP-PROCURE.
• NARA sanctions field: 41 USC 2105 48 CFR 3.104-8.
• Related authority evidence: 48 CFR 52.215-1(e) | status: Specified | banner: CUI//SP-PROCURE | sanctions: 41 USC 2105 48 CFR 3.104-8

Extracted authority meaning

None listed

Operating conditions

• NARA category scope used with this authority: Material and information relating to, or associated with, the acquisition and procurement of goods and services, including but not limited to, cost or pricing data, contract information, indirect costs and direct labor rates.
• 48 CFR 52.215-1(e) | status: Specified | banner: CUI//SP-PROCURE | sanctions: 41 USC 2105 48 CFR 3.104-8
• NARA registry status: Specified + Basic. Per-authority NARA status values: Specified, Basic. NARA banner marking evidence: CUI//SP-PROCURE, CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
• NARA category scope: Material and information relating to, or associated with, the acquisition and procurement of goods and services, including but not limited to, cost or pricing data, contract information, indirect costs and direct labor rates.

Safeguarding and dissemination controls

• NARA registry control evidence: status Specified; banner marking CUI//SP-PROCURE.
• Nara basic or specified: Specified + Basic
• Nara authority rows: 48 CFR 3.104-4 | status: Specified | banner: CUI//SP-PROCURE | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 52.215-1(e) | status: Specified | banner: CUI//SP-PROCURE | sanctions: 41 USC 2105 48 CFR 3.104-8 || 10 USC 4021(i)(2)(B)(i) and (ii) | status: Basic | banner: CUI
• Nara banner markings: CUI//SP-PROCURE, CUI
• Nara sanctions: 41 USC 2105 48 CFR 3.104-8
• No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
• Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.

Designation evidence

• NARA authority row: 10 USC 4021(i)(2)(B)(i) and (ii) | status: Basic | banner: CUI.
• Related authority evidence: 10 USC 4021(i)(2)(B)(i) and (ii) | status: Basic | banner: CUI

Extracted authority meaning

None listed

Operating conditions

• NARA category scope used with this authority: Material and information relating to, or associated with, the acquisition and procurement of goods and services, including but not limited to, cost or pricing data, contract information, indirect costs and direct labor rates.
• 10 USC 4021(i)(2)(B)(i) and (ii) | status: Basic | banner: CUI
• NARA registry status: Specified + Basic. Per-authority NARA status values: Specified, Basic. NARA banner marking evidence: CUI//SP-PROCURE, CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
• NARA category scope: Material and information relating to, or associated with, the acquisition and procurement of goods and services, including but not limited to, cost or pricing data, contract information, indirect costs and direct labor rates.

Safeguarding and dissemination controls

• NARA registry control evidence: status Basic; banner marking CUI.
• Nara basic or specified: Specified + Basic
• Nara authority rows: 48 CFR 3.104-4 | status: Specified | banner: CUI//SP-PROCURE | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 52.215-1(e) | status: Specified | banner: CUI//SP-PROCURE | sanctions: 41 USC 2105 48 CFR 3.104-8 || 10 USC 4021(i)(2)(B)(i) and (ii) | status: Basic | banner: CUI
• Nara banner markings: CUI//SP-PROCURE, CUI
• Nara sanctions: 41 USC 2105 48 CFR 3.104-8
• No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
• Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.

Designation evidence

• DoD authority row: 10 U.S.C. 4021. DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
• Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
• Registry designation context: Specified + Basic, CUI//SP-PROCURE. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
• Registry designation for this category is Specified + Basic with banner CUI//SP-PROCURE.

Extracted authority meaning

• 10 USC 4021: Research projects: transactions other than contracts and grants
• Registry designation context: Specified + Basic, CUI//SP-PROCURE. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.

Operating conditions

• DoD category scope used with this authority: Material and information relating to, or associated with, the acquisition and procurement of goods and services, including but not limited to, cost or pricing data, contract information, indirect costs and direct labor rates.
• DoD lists this authority for the category; the linked authority text is extracted below when available.
• NARA registry status: Specified + Basic. Per-authority NARA status values: Specified, Basic. NARA banner marking evidence: CUI//SP-PROCURE, CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
• NARA category scope: Material and information relating to, or associated with, the acquisition and procurement of goods and services, including but not limited to, cost or pricing data, contract information, indirect costs and direct labor rates.
• Extracted authority condition: (2)(A) Paragraph (1) applies to information described in subparagraph (B) that is in the records of the Department of Defense if the information was submitted to the Department in a competitive or noncompetitive process having the potential for resulting in an award, to the party submitting the information, of a cooperative agreement for performance of basic, applied, or advanced research authorized by section 4001 of this title or another transaction authorized by subsection (a).
• Extracted authority condition: A, title VIII, §867, Dec. 12, 2017, 131 Stat. 1495, provided that: "In the execution of science and technology and prototyping programs, the Secretary of Defense shall establish a preference, to be applied in circumstances determined appropriate by the Secretary, for using transactions other than contracts, cooperative agreements, and grants entered into pursuant to sections 2371 and 2371b of title 10, United States Code [now 10 U.S.C. 4021 and 4022 ], and authority for procurement for experimental purposes pursuant to section 2373 of title 10, United States Code [now 10 U.S.C. 4023 ]."
• Extracted authority condition: "(4) The amount of the payments, if any, that were received by the Federal Government during the fiscal year covered by the report pursuant to a clause included in such cooperative agreement or other transaction pursuant to subsection (d).
• Extracted authority condition: "(2) Other transaction authority.-The term 'other transaction authority' means the authority provided under sections 4021 and 4022 of title 10, United States Code.
• Extracted authority condition: (i) Protection of Certain Information From Disclosure.-(1) Disclosure of information described in paragraph (2) is not required, and may not be compelled, under section 552 of title 5 for five years after the date on which the information is received by the Department of Defense.

Safeguarding and dissemination controls

• Nara basic or specified: Specified + Basic
• Nara authority rows: 48 CFR 3.104-4 | status: Specified | banner: CUI//SP-PROCURE | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 52.215-1(e) | status: Specified | banner: CUI//SP-PROCURE | sanctions: 41 USC 2105 48 CFR 3.104-8 || 10 USC 4021(i)(2)(B)(i) and (ii) | status: Basic | banner: CUI
• Nara banner markings: CUI//SP-PROCURE, CUI
• Nara sanctions: 41 USC 2105 48 CFR 3.104-8
• No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
• Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
• Extracted authority control: (i) Protection of Certain Information From Disclosure.-(1) Disclosure of information described in paragraph (2) is not required, and may not be compelled, under section 552 of title 5 for five years after the date on which the information is received by the Department of Defense.
• Extracted authority control: The data shall be stored in a manner that allows the Assistant Secretary of Defense for Acquisition and other appropriate officials access at any time.
• Extracted authority control: (a) Additional Forms of Transactions Authorized.-The Secretary of Defense and the Secretary of each military department may enter into transactions (other than contracts, cooperative agreements, and grants) under the authority of this subsection in carrying out basic, applied, and advanced research projects.
• Extracted authority control: (d) Recovery of Funds.-(1) A cooperative agreement for performance of basic, applied, or advanced research authorized by section 4001 of this title and a transaction authorized by subsection (a) may include a clause that requires a person or other entity to make payments to the Department of Defense or any other department or agency of the Federal Government as a condition for receiving support under the agreement or other transaction.
• Extracted authority control: (2) The amount of any payment received by the Federal Government pursuant to a requirement imposed under paragraph (1) may be credited, to the extent authorized by the Secretary of Defense, to the appropriate account established under subsection (f).
• Extracted authority control: "(2) Individual task orders awarded under a task order contract (as defined in section 2304d of title 10, United States Code [now 10 U.S.C. 3401 ]), including individual task orders issued to a federally funded research and development center.