48 CFR 14.211
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 48 CFR 14.211 | status: Basic | banner: CUI.
- DoD authority row: 48 CFR 14.211. DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 48 CFR 14.211 | status: Basic | banner: CUI
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic + Specified, CUI. 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.
- Registry designation for this category is Basic + Specified with banner CUI.
Extracted authority meaning
- number and short title or subject mat-
- Registry designation context: Basic + Specified, CUI. 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.
Operating conditions
- NARA category scope used with this authority: Per FAR 2.101: any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly: (Items 1-10).
- DoD category scope used with this authority: The formal process of evaluating competitive proposals in accordance with policies, procedures, and criteria to enter into a procurement contract. Includes information prepared for use for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly.
- 48 CFR 14.211 | status: Basic | banner: CUI
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic + Specified. Per-authority NARA status values: Basic, Specified. NARA banner marking evidence: CUI, CUI//SP-SSEL. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Per FAR 2.101: any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly: (Items 1-10).
- DoD category scope: The formal process of evaluating competitive proposals in accordance with policies, procedures, and criteria to enter into a procurement contract. Includes information prepared for use for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly.
- Extracted authority condition: See 3.104 regarding requirements for propri- etary and source selection information including access to and disclosure thereof.
- Extracted authority condition: 296 48 CFR Ch. 1 (10–1–18 Edition) 14.210 that have been received shall be re- turned unopened to the bidders and no- tice of cancellation shall be sent to all prospective bidders to whom invita- tions were issued.
- Extracted authority condition: (d) Bids submitted by electronic com- merce shall be considered only if the
- Extracted authority condition: When an invitation issued electronically is cancelled, a general notice of cancellation shall be posted electronically, the bids received shall not be viewed, and the bids shall be purged from primary and backup data storage systems.
- Extracted authority condition: Cancellations shall be recorded in accordance with 14.403(d). [48 FR 42171, Sept. 19, 1983, as amended at 60 FR 34737, July 3, 1995; 62 FR 12692, Mar. 17, 1997] 14.210 Qualified products.
- Extracted authority condition: Information concerning proposed acquisitions shall not be released outside the Govern- ment before solicitation except for presolicitation notices in accordance with 14.205 or 36.213–2, or long-range ac- quisition estimates in accordance with 5.404, or synopses in accordance with 5.201.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- Nara basic or specified: Basic + Specified
- Nara authority rows: 48 CFR 14.211 | status: Basic | banner: CUI || 48 CFR 14.303 | status: Specified | banner: CUI//SP-SSEL || 48 CFR 14.402-1(a) | status: Specified | banner: CUI//SP-SSEL || 48 CFR 15.207(b) | status: Basic | banner: CUI || 48 CFR 15.505(f) | status: Basic | banner: CUI || 48 CFR 15.609(a) | status: Specified | banner: CUI//SP-SSEL || 48 CFR 3.104-3(a) | status: Basic | banner: CUI | sanctions: 41 USC 2105 48 CFR 3.104-8 48 CFR 3.104-2(b)(2) || 48 CFR 42.1503(b) | status: Basic | banner: CUI || 48 CFR 5.401(a) | status: Basic | banner: CUI || 48 CFR 603.104-4 | status: Basic | banner: CUI | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 4.802(e) | status: Basic | banner: CUI | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 836.203 | status: Basic | banner: CUI || 41 USC 2102(a) | status: Basic | banner: CUI | sanctions: 41 USC 2105 || 48 CFR 14.401(a) | status: Specified | banner: CUI//SP-SSEL | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 3.104-4 | status: Specified | banner: CUI//SP-SSEL | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 52.215-1(e) | status: Specified | banner: CUI//SP-SSEL | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 9.105-3(a) | status: Basic | banner: CUI
- Nara banner markings: CUI, CUI//SP-SSEL
- Nara sanctions: 41 USC 2105 48 CFR 3.104-8 48 CFR 3.104-2(b)(2) || 41 USC 2105 48 CFR 3.104-8 || 41 USC 2105
- 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: See 3.104 regarding requirements for propri- etary and source selection information including access to and disclosure thereof.
- Extracted authority control: Information concerning proposed acquisitions shall not be released outside the Govern- ment before solicitation except for presolicitation notices in accordance with 14.205 or 36.213–2, or long-range ac- quisition estimates in accordance with 5.404, or synopses in accordance with 5.201.
- Extracted authority control: Within the Government, such in- formation shall be restricted to those having a legitimate interest.
- Extracted authority control: Releases of information shall be made (1) to all prospective bidders, and (2) as nearly as possible at the same time, so that one prospective bidder shall not be given unfair advantage over another.
Authority excerpts
Most relevant extracted authority passage
See 3.104 regarding requirements for propri- etary and source selection information including access to and disclosure thereof.
Extracted authority passage 2
Information concerning proposed acquisitions shall not be released outside the Govern- ment before solicitation except for presolicitation notices in accordance with 14.205 or 36.213–2, or long-range ac- quisition estimates in accordance with 5.404, or synopses in accordance with 5.201.
Extracted authority passage 3
Within the Government, such in- formation shall be restricted to those having a legitimate interest.
Extracted authority passage 4
Releases of information shall be made (1) to all prospective bidders, and (2) as nearly as possible at the same time, so that one prospective bidder shall not be given unfair advantage over another.
Extracted authority passage 5
296 48 CFR Ch. 1 (10–1–18 Edition) 14.210 that have been received shall be re- turned unopened to the bidders and no- tice of cancellation shall be sent to all prospective bidders to whom invita- tions were issued.
Extracted authority passage 6
(d) Bids submitted by electronic com- merce shall be considered only if the
48 CFR 15.505(f)
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 48 CFR 15.505(f) | status: Basic | banner: CUI.
- DoD authority row: 48 CFR 15.505(f). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 48 CFR 15.505(f) | status: Basic | banner: CUI
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic + Specified, CUI. 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.
- Registry designation for this category is Basic + Specified with banner CUI.
Extracted authority meaning
- 48 CFR 15.505(f) authority text
- Registry designation context: Basic + Specified, CUI. 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.
Operating conditions
- NARA category scope used with this authority: Per FAR 2.101: any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly: (Items 1-10).
- DoD category scope used with this authority: The formal process of evaluating competitive proposals in accordance with policies, procedures, and criteria to enter into a procurement contract. Includes information prepared for use for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly.
- 48 CFR 15.505(f) | status: Basic | banner: CUI
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic + Specified. Per-authority NARA status values: Basic, Specified. NARA banner marking evidence: CUI, CUI//SP-SSEL. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Per FAR 2.101: any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly: (Items 1-10).
- DoD category scope: The formal process of evaluating competitive proposals in accordance with policies, procedures, and criteria to enter into a procurement contract. Includes information prepared for use for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly.
- Extracted authority condition: In addition, if the award document includes infor- mation that is different than the signed proposal, as amended by the offeror’s written correspondence, the first page shall include the contractor’s agreement statement from Block 14 of the OF 307 and the signature of the contractor’s authorized representative.
- Extracted authority condition: (e) At a minimum, preaward debriefings shall include— (1) The agency’s evaluation of signifi- cant elements in the offeror’s proposal; (2) A summary of the rationale for eliminating the offeror from the com- petition; and (3) Reasonable responses to relevant questions about whether source selec- tion procedures contained in the solici- tation, applicable regulations, and other applicable authorities were fol- lowed in the process of eliminating the offeror from the competition.
- Extracted authority condition: (a)(1) An offeror, upon its written re- quest received by the agency within 3 days after the date on which that offer- or has received notification of contract award in accordance with 15.503(b), shall be debriefed and furnished the basis for the selection decision and contract award.
- Extracted authority condition: (f) Preaward debriefings shall not dis- close— (1) The number of offerors; (2) The identity of other offerors; (3) The content of other offerors pro- posals; (4) The ranking of other offerors; (5) The evaluation of other offerors; or (6) Any of the information prohibited in 15.506(e).
- Extracted authority condition: In that event, the contracting officer shall include the information at 15.506(d) in the debriefing.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- Nara basic or specified: Basic + Specified
- Nara authority rows: 48 CFR 14.211 | status: Basic | banner: CUI || 48 CFR 14.303 | status: Specified | banner: CUI//SP-SSEL || 48 CFR 14.402-1(a) | status: Specified | banner: CUI//SP-SSEL || 48 CFR 15.207(b) | status: Basic | banner: CUI || 48 CFR 15.505(f) | status: Basic | banner: CUI || 48 CFR 15.609(a) | status: Specified | banner: CUI//SP-SSEL || 48 CFR 3.104-3(a) | status: Basic | banner: CUI | sanctions: 41 USC 2105 48 CFR 3.104-8 48 CFR 3.104-2(b)(2) || 48 CFR 42.1503(b) | status: Basic | banner: CUI || 48 CFR 5.401(a) | status: Basic | banner: CUI || 48 CFR 603.104-4 | status: Basic | banner: CUI | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 4.802(e) | status: Basic | banner: CUI | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 836.203 | status: Basic | banner: CUI || 41 USC 2102(a) | status: Basic | banner: CUI | sanctions: 41 USC 2105 || 48 CFR 14.401(a) | status: Specified | banner: CUI//SP-SSEL | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 3.104-4 | status: Specified | banner: CUI//SP-SSEL | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 52.215-1(e) | status: Specified | banner: CUI//SP-SSEL | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 9.105-3(a) | status: Basic | banner: CUI
- Nara banner markings: CUI, CUI//SP-SSEL
- Nara sanctions: 41 USC 2105 48 CFR 3.104-8 48 CFR 3.104-2(b)(2) || 41 USC 2105 48 CFR 3.104-8 || 41 USC 2105
- 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: In addition, if the award document includes infor- mation that is different than the signed proposal, as amended by the offeror’s written correspondence, the first page shall include the contractor’s agreement statement from Block 14 of the OF 307 and the signature of the contractor’s authorized representative.
Authority excerpts
Most relevant extracted authority passage
In addition, if the award document includes infor- mation that is different than the signed proposal, as amended by the offeror’s written correspondence, the first page shall include the contractor’s agreement statement from Block 14 of the OF 307 and the signature of the contractor’s authorized representative.
Extracted authority passage 2
(e) At a minimum, preaward debriefings shall include— (1) The agency’s evaluation of signifi- cant elements in the offeror’s proposal; (2) A summary of the rationale for eliminating the offeror from the com- petition; and (3) Reasonable responses to relevant questions about whether source selec- tion procedures contained in the solici- tation, applicable regulations, and other applicable authorities were fol- lowed in the process of eliminating the offeror from the competition.
Extracted authority passage 3
(a)(1) An offeror, upon its written re- quest received by the agency within 3 days after the date on which that offer- or has received notification of contract award in accordance with 15.503(b), shall be debriefed and furnished the basis for the selection decision and contract award.
Extracted authority passage 4
(f) Preaward debriefings shall not dis- close— (1) The number of offerors; (2) The identity of other offerors; (3) The content of other offerors pro- posals; (4) The ranking of other offerors; (5) The evaluation of other offerors; or (6) Any of the information prohibited in 15.506(e).
Extracted authority passage 5
In that event, the contracting officer shall include the information at 15.506(d) in the debriefing.
48 CFR 15.609(a)
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 48 CFR 15.609(a) | status: Specified | banner: CUI//SP-SSEL.
- DoD authority row: 48 CFR 15.609(a). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 48 CFR 15.609(a) | status: Specified | banner: CUI//SP-SSEL
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic + Specified, CUI. 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 Basic + Specified with banner CUI.
Extracted authority meaning
- Federal Acquisition Regulation 15.609
- Registry designation context: Basic + Specified, CUI. 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: Per FAR 2.101: any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly: (Items 1-10).
- DoD category scope used with this authority: The formal process of evaluating competitive proposals in accordance with policies, procedures, and criteria to enter into a procurement contract. Includes information prepared for use for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly.
- 48 CFR 15.609(a) | status: Specified | banner: CUI//SP-SSEL
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic + Specified. Per-authority NARA status values: Basic, Specified. NARA banner marking evidence: CUI, CUI//SP-SSEL. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Per FAR 2.101: any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly: (Items 1-10).
- DoD category scope: The formal process of evaluating competitive proposals in accordance with policies, procedures, and criteria to enter into a procurement contract. Includes information prepared for use for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly.
- Extracted authority condition: (c) The agency point of contact shall return to the offeror any unsolicited proposal marked with a legend dif- ferent from that provided in paragraph (a) of this section.
- Extracted authority condition: (g) If the proposal is received with the restrictive legend (see paragraph (a) of this section), the modified cover sheet shall also be used and permission shall be obtained from the offeror be- fore release of the proposal for evalua- tion by non-Government personnel.
- Extracted authority condition: (d) The agency point of contact shall place a cover sheet on the proposal or clearly mark it as follows, unless the offeror clearly states in writing that no restrictions are imposed on the disclo- sure or use of the data contained in the proposal: Unsolicited Proposal—Use of Data Limited All Government personnel must exercise extreme care to ensure that the information in this proposal is not disclosed to an indi- vidual who has not been authorized access to such data in accordance with FAR 3.104, and is not duplicated, used, or disclosed in whole or in part for any purpose other than evalua- tion of the proposal, without the written per- mission of the offeror.
- Extracted authority condition: (h) When an agency receives an unso- licited proposal with or without a re- strictive legend from other than an educational or nonprofit organization or institution, and evaluation by Gov- ernment personnel outside the agency or by experts outside of the Govern- ment is necessary, written permission must be obtained from the offeror be- fore release of the proposal for evalua- tion.
- Extracted authority condition: However, do not use this notice to justify with- holding of a record, or to improperly deny the public access to a record, where an obligation is imposed by the Freedom of Information Act (5 U.S.C.
- Extracted authority condition: This restriction does not limit the Government’s right to use information con- tained in these data if they are obtained from another source without restriction.
- Extracted authority condition: This notice does not limit the Government’s right to use information contained in the proposal if it is obtainable from another source without restriction.
Safeguarding and dissemination controls
- NARA registry control evidence: status Specified; banner marking CUI//SP-SSEL.
- Nara basic or specified: Basic + Specified
- Nara authority rows: 48 CFR 14.211 | status: Basic | banner: CUI || 48 CFR 14.303 | status: Specified | banner: CUI//SP-SSEL || 48 CFR 14.402-1(a) | status: Specified | banner: CUI//SP-SSEL || 48 CFR 15.207(b) | status: Basic | banner: CUI || 48 CFR 15.505(f) | status: Basic | banner: CUI || 48 CFR 15.609(a) | status: Specified | banner: CUI//SP-SSEL || 48 CFR 3.104-3(a) | status: Basic | banner: CUI | sanctions: 41 USC 2105 48 CFR 3.104-8 48 CFR 3.104-2(b)(2) || 48 CFR 42.1503(b) | status: Basic | banner: CUI || 48 CFR 5.401(a) | status: Basic | banner: CUI || 48 CFR 603.104-4 | status: Basic | banner: CUI | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 4.802(e) | status: Basic | banner: CUI | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 836.203 | status: Basic | banner: CUI || 41 USC 2102(a) | status: Basic | banner: CUI | sanctions: 41 USC 2105 || 48 CFR 14.401(a) | status: Specified | banner: CUI//SP-SSEL | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 3.104-4 | status: Specified | banner: CUI//SP-SSEL | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 52.215-1(e) | status: Specified | banner: CUI//SP-SSEL | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 9.105-3(a) | status: Basic | banner: CUI
- Nara banner markings: CUI, CUI//SP-SSEL
- Nara sanctions: 41 USC 2105 48 CFR 3.104-8 48 CFR 3.104-2(b)(2) || 41 USC 2105 48 CFR 3.104-8 || 41 USC 2105
- 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: (d) The agency point of contact shall place a cover sheet on the proposal or clearly mark it as follows, unless the offeror clearly states in writing that no restrictions are imposed on the disclo- sure or use of the data contained in the proposal: Unsolicited Proposal—Use of Data Limited All Government personnel must exercise extreme care to ensure that the information in this proposal is not disclosed to an indi- vidual who has not been authorized access to such data in accordance with FAR 3.104, and is not duplicated, used, or disclosed in whole or in part for any purpose other than evalua- tion of the proposal, without the written per- mission of the offeror.
- Extracted authority control: The disclosure of such information concerning trade se- crets, processes, operations, style of work, apparatus, and other matters, except as authorized by law, may re- sult in criminal penalties under 18 U.S.C.
- Extracted authority control: How- ever, this prohibition does not preclude using any data, concept, or idea in the proposal that also is available from an- other source without restriction.
- Extracted authority control: This restriction does not limit the Government’s right to use information con- tained in these data if they are obtained from another source without restriction.
- Extracted authority control: This notice does not limit the Government’s right to use information contained in the proposal if it is obtainable from another source without restriction.
Authority excerpts
Most relevant extracted authority passage
(d) The agency point of contact shall place a cover sheet on the proposal or clearly mark it as follows, unless the offeror clearly states in writing that no restrictions are imposed on the disclo- sure or use of the data contained in the proposal: Unsolicited Proposal—Use of Data Limited All Government personnel must exercise extreme care to ensure that the information in this proposal is not disclosed to an indi- vidual who has not been authorized access to such data in accordance with FAR 3.104, and is not duplicated, used, or disclosed in whole or in part for any purpose other than evalua- tion of the proposal, without the written per- mission of the offeror.
Extracted authority passage 2
The disclosure of such information concerning trade se- crets, processes, operations, style of work, apparatus, and other matters, except as authorized by law, may re- sult in criminal penalties under 18 U.S.C.
Extracted authority passage 3
How- ever, this prohibition does not preclude using any data, concept, or idea in the proposal that also is available from an- other source without restriction.
Extracted authority passage 4
This restriction does not limit the Government’s right to use information con- tained in these data if they are obtained from another source without restriction.
Extracted authority passage 5
This notice does not limit the Government’s right to use information contained in the proposal if it is obtainable from another source without restriction.
Extracted authority passage 6
(c) The agency point of contact shall return to the offeror any unsolicited proposal marked with a legend dif- ferent from that provided in paragraph (a) of this section.
48 CFR 3.104-3(a)
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 48 CFR 3.104-3(a) | status: Basic | banner: CUI.
- NARA sanctions field: 41 USC 2105 48 CFR 3.104-8 48 CFR 3.104-2(b)(2).
- DoD authority row: 48 CFR 3.104-3(a). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 48 CFR 3.104-3(a) | status: Basic | banner: CUI | sanctions: 41 USC 2105 48 CFR 3.104-8 48 CFR 3.104-2(b)(2)
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic + Specified, CUI. 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 Basic + Specified with banner CUI.
Extracted authority meaning
- ployee’s disqualification from partici-
- Registry designation context: Basic + Specified, CUI. 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: Per FAR 2.101: any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly: (Items 1-10).
- DoD category scope used with this authority: The formal process of evaluating competitive proposals in accordance with policies, procedures, and criteria to enter into a procurement contract. Includes information prepared for use for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly.
- 48 CFR 3.104-3(a) | status: Basic | banner: CUI | sanctions: 41 USC 2105 48 CFR 3.104-8 48 CFR 3.104-2(b)(2)
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic + Specified. Per-authority NARA status values: Basic, Specified. NARA banner marking evidence: CUI, CUI//SP-SSEL. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Per FAR 2.101: any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly: (Items 1-10).
- DoD category scope: The formal process of evaluating competitive proposals in accordance with policies, procedures, and criteria to enter into a procurement contract. Includes information prepared for use for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly.
- 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: (1) A person described in paragraph (a)(2) of this subsection must not, other than as provided by law, knowingly disclose contractor bid or proposal information or source selection information before the award of a Federal agency procure- ment contract to which the informa- tion relates.
- Extracted authority condition: A per- son must not, other than as provided by law, knowingly obtain contractor bid or proposal information or source selection information before the award of a Federal agency procurement con- tract to which the information relates.
- Extracted authority condition: (See 3.104–4(a).) (2) Paragraph (a)(1) of this subsection applies to any person who— (i) Is a present or former official of the United States, or a person who is acting or has acted for or on behalf of, or who is advising or has advised the United States with respect to, a Fed- eral agency procurement; and (ii) By virtue of that office, employ- ment, or relationship, has or had ac- cess to contractor bid or proposal in- formation or source selection informa- tion.
- Extracted authority condition: (c) Individuals unsure if particular information is source selection infor- mation, as defined in 2.101, should con- sult with agency officials as necessary.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- Nara basic or specified: Basic + Specified
- Nara authority rows: 48 CFR 14.211 | status: Basic | banner: CUI || 48 CFR 14.303 | status: Specified | banner: CUI//SP-SSEL || 48 CFR 14.402-1(a) | status: Specified | banner: CUI//SP-SSEL || 48 CFR 15.207(b) | status: Basic | banner: CUI || 48 CFR 15.505(f) | status: Basic | banner: CUI || 48 CFR 15.609(a) | status: Specified | banner: CUI//SP-SSEL || 48 CFR 3.104-3(a) | status: Basic | banner: CUI | sanctions: 41 USC 2105 48 CFR 3.104-8 48 CFR 3.104-2(b)(2) || 48 CFR 42.1503(b) | status: Basic | banner: CUI || 48 CFR 5.401(a) | status: Basic | banner: CUI || 48 CFR 603.104-4 | status: Basic | banner: CUI | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 4.802(e) | status: Basic | banner: CUI | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 836.203 | status: Basic | banner: CUI || 41 USC 2102(a) | status: Basic | banner: CUI | sanctions: 41 USC 2105 || 48 CFR 14.401(a) | status: Specified | banner: CUI//SP-SSEL | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 3.104-4 | status: Specified | banner: CUI//SP-SSEL | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 52.215-1(e) | status: Specified | banner: CUI//SP-SSEL | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 9.105-3(a) | status: Basic | banner: CUI
- Nara banner markings: CUI, CUI//SP-SSEL
- Nara sanctions: 41 USC 2105 48 CFR 3.104-8 48 CFR 3.104-2(b)(2) || 41 USC 2105 48 CFR 3.104-8 || 41 USC 2105
- 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: Additional restrictions apply to certain senior Government employees and for particular matters under an employee’s official responsibility; (4) Parts 14 and 15 place restrictions on the release of information related to procurements and other contractor in- formation that must be protected under 18 U.S.C. 1905; (5) Release of information both before and after award (see 3.104–4) may be prohibited by the Privacy Act (5 U.S.C. 552a), the Trade Secrets Act (18 U.S.C.
- 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: (b) Contractor bid or proposal infor- mation and source selection informa- tion must be protected from unauthor- ized disclosure in accordance with 14.401, 15.207, applicable law, and agen- cy regulations.
- 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: The statutory prohibition in 18 U.S.C. 208 also may require an em- ployee’s disqualification from partici- pation in the acquisition even if the employee’s duties may not be consid- ered ‘‘participating personally and sub- stantially,’’ as this term is defined in 3.104–1; (3) Post-employment restrictions are covered by 18 U.S.C. 207 and 5 CFR parts 2637 and 2641, that prohibit cer- tain activities by former Government employees, including representation of a contractor before the Government in relation to any contract or other par- ticular matter involving specific par- ties on which the former employee par- ticipated personally and substantially while employed by the Government.
- 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.
Authority excerpts
Most relevant extracted authority passage
Additional restrictions apply to certain senior Government employees and for particular matters under an employee’s official responsibility; (4) Parts 14 and 15 place restrictions on the release of information related to procurements and other contractor in- formation that must be protected under 18 U.S.C. 1905; (5) Release of information both before and after award (see 3.104–4) may be prohibited by the Privacy Act (5 U.S.C. 552a), the Trade Secrets Act (18 U.S.C.
Extracted authority passage 2
(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 passage 3
(b) Contractor bid or proposal infor- mation and source selection informa- tion must be protected from unauthor- ized disclosure in accordance with 14.401, 15.207, applicable law, and agen- cy regulations.
Extracted authority passage 4
(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 passage 5
The statutory prohibition in 18 U.S.C. 208 also may require an em- ployee’s disqualification from partici- pation in the acquisition even if the employee’s duties may not be consid- ered ‘‘participating personally and sub- stantially,’’ as this term is defined in 3.104–1; (3) Post-employment restrictions are covered by 18 U.S.C. 207 and 5 CFR parts 2637 and 2641, that prohibit cer- tain activities by former Government employees, including representation of a contractor before the Government in relation to any contract or other par- ticular matter involving specific par- ties on which the former employee par- ticipated personally and substantially while employed by the Government.
Extracted authority passage 6
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
48 CFR 5.401(a)
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 48 CFR 5.401(a) | status: Basic | banner: CUI.
- DoD authority row: 48 CFR 5.401(a). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 48 CFR 5.401(a) | status: Basic | banner: CUI
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic + Specified, CUI. 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.
- Registry designation for this category is Basic + Specified with banner CUI.
Extracted authority meaning
- Federal Acquisition Regulation 5.404–1
- Registry designation context: Basic + Specified, CUI. 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.
Operating conditions
- NARA category scope used with this authority: Per FAR 2.101: any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly: (Items 1-10).
- DoD category scope used with this authority: The formal process of evaluating competitive proposals in accordance with policies, procedures, and criteria to enter into a procurement contract. Includes information prepared for use for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly.
- 48 CFR 5.401(a) | status: Basic | banner: CUI
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic + Specified. Per-authority NARA status values: Basic, Specified. NARA banner marking evidence: CUI, CUI//SP-SSEL. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Per FAR 2.101: any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly: (Items 1-10).
- DoD category scope: The formal process of evaluating competitive proposals in accordance with policies, procedures, and criteria to enter into a procurement contract. Includes information prepared for use for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly.
- Extracted authority condition: (b) Contracting officers may make available maximum information to the public, except information— (1) On plans that would provide undue or discriminatory advantage to private or personal interests; (2) Received in confidence from an of- feror; (3) Otherwise requiring protection under Freedom of Information Act (see subpart 24.2) or Privacy Act (see sub- part 24.1); or (4) Pertaining to internal agency communications (e.g., technical re- views, contracting authority or other reasons, or recommendations referring thereto).
- Extracted authority condition: (a) A high level of business security must be maintained in order to pre- serve the integrity of the acquisition process.
- Extracted authority condition: When it is necessary to obtain information from potential contractors and others outside the Government for use in preparing Government esti- mates, contracting officers shall ensure that the information is not publicized or discussed with potential contrac- tors.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- Nara basic or specified: Basic + Specified
- Nara authority rows: 48 CFR 14.211 | status: Basic | banner: CUI || 48 CFR 14.303 | status: Specified | banner: CUI//SP-SSEL || 48 CFR 14.402-1(a) | status: Specified | banner: CUI//SP-SSEL || 48 CFR 15.207(b) | status: Basic | banner: CUI || 48 CFR 15.505(f) | status: Basic | banner: CUI || 48 CFR 15.609(a) | status: Specified | banner: CUI//SP-SSEL || 48 CFR 3.104-3(a) | status: Basic | banner: CUI | sanctions: 41 USC 2105 48 CFR 3.104-8 48 CFR 3.104-2(b)(2) || 48 CFR 42.1503(b) | status: Basic | banner: CUI || 48 CFR 5.401(a) | status: Basic | banner: CUI || 48 CFR 603.104-4 | status: Basic | banner: CUI | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 4.802(e) | status: Basic | banner: CUI | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 836.203 | status: Basic | banner: CUI || 41 USC 2102(a) | status: Basic | banner: CUI | sanctions: 41 USC 2105 || 48 CFR 14.401(a) | status: Specified | banner: CUI//SP-SSEL | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 3.104-4 | status: Specified | banner: CUI//SP-SSEL | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 52.215-1(e) | status: Specified | banner: CUI//SP-SSEL | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 9.105-3(a) | status: Basic | banner: CUI
- Nara banner markings: CUI, CUI//SP-SSEL
- Nara sanctions: 41 USC 2105 48 CFR 3.104-8 48 CFR 3.104-2(b)(2) || 41 USC 2105 48 CFR 3.104-8 || 41 USC 2105
- 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: (b) Contracting officers may make available maximum information to the public, except information— (1) On plans that would provide undue or discriminatory advantage to private or personal interests; (2) Received in confidence from an of- feror; (3) Otherwise requiring protection under Freedom of Information Act (see subpart 24.2) or Privacy Act (see sub- part 24.1); or (4) Pertaining to internal agency communications (e.g., technical re- views, contracting authority or other reasons, or recommendations referring thereto).
- Extracted authority control: When responsive- ness would result in disclosure of clas- sified matter, business confidential in- formation, or information prejudicial to competitive acquisition, the con- tracting officer shall refer the proposed reply, with full documentation, to the agency head and inform the legislative liaison office of the action. [48 FR 42119, Sept. 19, 1983, as amended at 50 FR 1729, Jan. 11, 1985; 50 FR 52429, Dec. 23, 1985; 68 FR 43856, July 24, 2003] 5.404 Release of long-range acquisition estimates.
- Extracted authority control: Agencies may also release information on con- tract awards to the local press or other media.
- Extracted authority control: The agency head, or a designee, may release long-range ac- quisition estimates if the information will— (1) Assist industry in its planning and facilitate meeting the acquisition re- quirements; (2) Not encourage undesirable prac- tices (e.g., attempts to corner the mar- ket or hoard industrial materials); and (3) Not indicate the existing or poten- tial mobilization of the industry as a whole.
Authority excerpts
Most relevant extracted authority passage
(b) Contracting officers may make available maximum information to the public, except information— (1) On plans that would provide undue or discriminatory advantage to private or personal interests; (2) Received in confidence from an of- feror; (3) Otherwise requiring protection under Freedom of Information Act (see subpart 24.2) or Privacy Act (see sub- part 24.1); or (4) Pertaining to internal agency communications (e.g., technical re- views, contracting authority or other reasons, or recommendations referring thereto).
Extracted authority passage 3
When responsive- ness would result in disclosure of clas- sified matter, business confidential in- formation, or information prejudicial to competitive acquisition, the con- tracting officer shall refer the proposed reply, with full documentation, to the agency head and inform the legislative liaison office of the action. [48 FR 42119, Sept. 19, 1983, as amended at 50 FR 1729, Jan. 11, 1985; 50 FR 52429, Dec. 23, 1985; 68 FR 43856, July 24, 2003] 5.404 Release of long-range acquisition estimates.
Extracted authority passage 4
Agencies may also release information on con- tract awards to the local press or other media.
Extracted authority passage 5
The agency head, or a designee, may release long-range ac- quisition estimates if the information will— (1) Assist industry in its planning and facilitate meeting the acquisition re- quirements; (2) Not encourage undesirable prac- tices (e.g., attempts to corner the mar- ket or hoard industrial materials); and (3) Not indicate the existing or poten- tial mobilization of the industry as a whole.
Extracted authority passage 6
(a) A high level of business security must be maintained in order to pre- serve the integrity of the acquisition process.
48 CFR 4.802(e)
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 48 CFR 4.802(e) | status: Basic | banner: CUI.
- NARA sanctions field: 41 USC 2105 48 CFR 3.104-8.
- DoD authority row: 48 CFR 4.802(e). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 48 CFR 4.802(e) | status: Basic | banner: CUI | 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: Basic + Specified, CUI. 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 Basic + Specified with banner CUI.
Extracted authority meaning
- 48 CFR 4.802(e) authority text
- Registry designation context: Basic + Specified, CUI. 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: Per FAR 2.101: any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly: (Items 1-10).
- DoD category scope used with this authority: The formal process of evaluating competitive proposals in accordance with policies, procedures, and criteria to enter into a procurement contract. Includes information prepared for use for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly.
- 48 CFR 4.802(e) | status: Basic | banner: CUI | 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: Basic + Specified. Per-authority NARA status values: Basic, Specified. NARA banner marking evidence: CUI, CUI//SP-SSEL. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Per FAR 2.101: any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly: (Items 1-10).
- DoD category scope: The formal process of evaluating competitive proposals in accordance with policies, procedures, and criteria to enter into a procurement contract. Includes information prepared for use for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly.
- Extracted authority condition: (e) Contents of contract files that are contractor bid or proposal information or source selection information as de- fined in 2.101 must be protected from disclosure to unauthorized persons (see 3.104–4).
- Extracted authority condition: (10) A copy of each offer or quotation, the related abstract, and records of de- terminations concerning late offers or quotations.
- Extracted authority condition: The following are examples of the records normally contained, if applica- ble, in contract files: (a) Contracting office contract file.
- Extracted authority condition: Unsuccessful offers or quotations may be maintained sepa- rately, if cross-referenced to the con- tract file.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- Nara basic or specified: Basic + Specified
- Nara authority rows: 48 CFR 14.211 | status: Basic | banner: CUI || 48 CFR 14.303 | status: Specified | banner: CUI//SP-SSEL || 48 CFR 14.402-1(a) | status: Specified | banner: CUI//SP-SSEL || 48 CFR 15.207(b) | status: Basic | banner: CUI || 48 CFR 15.505(f) | status: Basic | banner: CUI || 48 CFR 15.609(a) | status: Specified | banner: CUI//SP-SSEL || 48 CFR 3.104-3(a) | status: Basic | banner: CUI | sanctions: 41 USC 2105 48 CFR 3.104-8 48 CFR 3.104-2(b)(2) || 48 CFR 42.1503(b) | status: Basic | banner: CUI || 48 CFR 5.401(a) | status: Basic | banner: CUI || 48 CFR 603.104-4 | status: Basic | banner: CUI | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 4.802(e) | status: Basic | banner: CUI | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 836.203 | status: Basic | banner: CUI || 41 USC 2102(a) | status: Basic | banner: CUI | sanctions: 41 USC 2105 || 48 CFR 14.401(a) | status: Specified | banner: CUI//SP-SSEL | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 3.104-4 | status: Specified | banner: CUI//SP-SSEL | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 52.215-1(e) | status: Specified | banner: CUI//SP-SSEL | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 9.105-3(a) | status: Basic | banner: CUI
- Nara banner markings: CUI, CUI//SP-SSEL
- Nara sanctions: 41 USC 2105 48 CFR 3.104-8 48 CFR 3.104-2(b)(2) || 41 USC 2105 48 CFR 3.104-8 || 41 USC 2105
- 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: (e) Contents of contract files that are contractor bid or proposal information or source selection information as de- fined in 2.101 must be protected from disclosure to unauthorized persons (see 3.104–4).
- Extracted authority control: (c) Files must be maintained at orga- nizational levels that ensure— (1) Effective documentation of con- tract actions; (2) Ready accessibility to principal users; (3) Minimal establishment of dupli- cate and working files; (4) The safeguarding of classified doc- uments; and (5) Conformance with agency regula- tions for file location and mainte- nance.
Authority excerpts
Most relevant extracted authority passage
(e) Contents of contract files that are contractor bid or proposal information or source selection information as de- fined in 2.101 must be protected from disclosure to unauthorized persons (see 3.104–4).
Extracted authority passage 2
(c) Files must be maintained at orga- nizational levels that ensure— (1) Effective documentation of con- tract actions; (2) Ready accessibility to principal users; (3) Minimal establishment of dupli- cate and working files; (4) The safeguarding of classified doc- uments; and (5) Conformance with agency regula- tions for file location and mainte- nance.
Extracted authority passage 3
(10) A copy of each offer or quotation, the related abstract, and records of de- terminations concerning late offers or quotations.
Extracted authority passage 4
The following are examples of the records normally contained, if applica- ble, in contract files: (a) Contracting office contract file.
Extracted authority passage 5
Unsuccessful offers or quotations may be maintained sepa- rately, if cross-referenced to the con- tract file.
41 USC 2102(a)
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 41 USC 2102(a) | status: Basic | banner: CUI.
- NARA sanctions field: 41 USC 2105.
- DoD authority row: 41 USC 2102(a). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 41 USC 2102(a) | status: Basic | banner: CUI | sanctions: 41 USC 2105
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic + Specified, CUI. 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 Basic + Specified with banner CUI.
Extracted authority meaning
- Page 54 TITLE 41—PUBLIC CONTRACTS § 2102
- Registry designation context: Basic + Specified, CUI. 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: Per FAR 2.101: any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly: (Items 1-10).
- DoD category scope used with this authority: The formal process of evaluating competitive proposals in accordance with policies, procedures, and criteria to enter into a procurement contract. Includes information prepared for use for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly.
- 41 USC 2102(a) | status: Basic | banner: CUI | sanctions: 41 USC 2105
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic + Specified. Per-authority NARA status values: Basic, Specified. NARA banner marking evidence: CUI, CUI//SP-SSEL. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Per FAR 2.101: any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly: (Items 1-10).
- DoD category scope: The formal process of evaluating competitive proposals in accordance with policies, procedures, and criteria to enter into a procurement contract. Includes information prepared for use for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly.
- Extracted authority condition: (7) S OURCESELECTIONINFORMATION.—The term ‘‘source selection information’’ means any of the following information prepared for use by a Federal agency to evaluate a bid or proposal to enter into a Federal agency pro- curement contract, if that information pre- viously has not been made available to the public or disclosed publicly: (A) Bid prices submitted in response to a Federal agency solicitation for sealed bids, or lists of those bid prices before public bid opening.
- Extracted authority condition: Prohibitions on disclosing and obtaining procurement information (a) PROHIBITION ONDISCLOSINGPROCUREMENT I NFORMATION.— (1) IN GENERAL.—Except as provided by law, a person described in paragraph (3) shall not knowingly disclose contractor bid or proposal information or source selection information before the award of a Federal agency procure- ment contract to which the information re- lates.
- Extracted authority condition: (2) E MPLOYEE OF PRIVATE SECTOR ORGANIZA- TION.—In addition to the restriction in para- graph (1), an employee of a private sector or- ganization assigned to an agency under chap- ter 37 of title 5 shall not knowingly disclose contractor bid or proposal information or source selection information during the 3-year period after the employee’s assignment ends, except as provided by law.
- Extracted authority condition: (b) P ROHIBITION ONOBTAININGPROCUREMENT INFORMATION.—Except as provided by law, a per- son shall not knowingly obtain contractor bid or proposal information or source selection infor- mation before the award of a Federal agency procurement contract to which the information relates.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- Nara basic or specified: Basic + Specified
- Nara authority rows: 48 CFR 14.211 | status: Basic | banner: CUI || 48 CFR 14.303 | status: Specified | banner: CUI//SP-SSEL || 48 CFR 14.402-1(a) | status: Specified | banner: CUI//SP-SSEL || 48 CFR 15.207(b) | status: Basic | banner: CUI || 48 CFR 15.505(f) | status: Basic | banner: CUI || 48 CFR 15.609(a) | status: Specified | banner: CUI//SP-SSEL || 48 CFR 3.104-3(a) | status: Basic | banner: CUI | sanctions: 41 USC 2105 48 CFR 3.104-8 48 CFR 3.104-2(b)(2) || 48 CFR 42.1503(b) | status: Basic | banner: CUI || 48 CFR 5.401(a) | status: Basic | banner: CUI || 48 CFR 603.104-4 | status: Basic | banner: CUI | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 4.802(e) | status: Basic | banner: CUI | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 836.203 | status: Basic | banner: CUI || 41 USC 2102(a) | status: Basic | banner: CUI | sanctions: 41 USC 2105 || 48 CFR 14.401(a) | status: Specified | banner: CUI//SP-SSEL | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 3.104-4 | status: Specified | banner: CUI//SP-SSEL | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 52.215-1(e) | status: Specified | banner: CUI//SP-SSEL | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 9.105-3(a) | status: Basic | banner: CUI
- Nara banner markings: CUI, CUI//SP-SSEL
- Nara sanctions: 41 USC 2105 48 CFR 3.104-8 48 CFR 3.104-2(b)(2) || 41 USC 2105 48 CFR 3.104-8 || 41 USC 2105
- 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: (2) E MPLOYEE OF PRIVATE SECTOR ORGANIZA- TION.—In addition to the restriction in para- graph (1), an employee of a private sector or- ganization assigned to an agency under chap- ter 37 of title 5 shall not knowingly disclose contractor bid or proposal information or source selection information during the 3-year period after the employee’s assignment ends, except as provided by law.
- Extracted authority control: Prohibitions on disclosing and obtaining procurement information (a) PROHIBITION ONDISCLOSINGPROCUREMENT I NFORMATION.— (1) IN GENERAL.—Except as provided by law, a person described in paragraph (3) shall not knowingly disclose contractor bid or proposal information or source selection information before the award of a Federal agency procure- ment contract to which the information re- lates.
- Extracted authority control: (b) P ROHIBITION ONOBTAININGPROCUREMENT INFORMATION.—Except as provided by law, a per- son shall not knowingly obtain contractor bid or proposal information or source selection infor- mation before the award of a Federal agency procurement contract to which the information relates.
- Extracted authority control: (3) A PPLICATION.—Paragraph (1) applies to a person that— (A)(i) is a present or former official of the Federal Government; or (ii) is acting or has acted for or on behalf of, or who is advising or has advised the Fed- eral Government with respect to, a Federal agency procurement; and (B) by virtue of that office, employment, or relationship has or had access to contrac- tor bid or proposal information or source se- lection information.
- Extracted authority control: Page 54 TITLE 41—PUBLIC CONTRACTS § 2102 (C) a member of the uniformed services, as defined in section 2101(3) of title 5.
Authority excerpts
Most relevant extracted authority passage
(2) E MPLOYEE OF PRIVATE SECTOR ORGANIZA- TION.—In addition to the restriction in para- graph (1), an employee of a private sector or- ganization assigned to an agency under chap- ter 37 of title 5 shall not knowingly disclose contractor bid or proposal information or source selection information during the 3-year period after the employee’s assignment ends, except as provided by law.
Extracted authority passage 2
Prohibitions on disclosing and obtaining procurement information (a) PROHIBITION ONDISCLOSINGPROCUREMENT I NFORMATION.— (1) IN GENERAL.—Except as provided by law, a person described in paragraph (3) shall not knowingly disclose contractor bid or proposal information or source selection information before the award of a Federal agency procure- ment contract to which the information re- lates.
Extracted authority passage 3
(b) P ROHIBITION ONOBTAININGPROCUREMENT INFORMATION.—Except as provided by law, a per- son shall not knowingly obtain contractor bid or proposal information or source selection infor- mation before the award of a Federal agency procurement contract to which the information relates.
Extracted authority passage 4
(3) A PPLICATION.—Paragraph (1) applies to a person that— (A)(i) is a present or former official of the Federal Government; or (ii) is acting or has acted for or on behalf of, or who is advising or has advised the Fed- eral Government with respect to, a Federal agency procurement; and (B) by virtue of that office, employment, or relationship has or had access to contrac- tor bid or proposal information or source se- lection information.
Extracted authority passage 5
(7) S OURCESELECTIONINFORMATION.—The term ‘‘source selection information’’ means any of the following information prepared for use by a Federal agency to evaluate a bid or proposal to enter into a Federal agency pro- curement contract, if that information pre- viously has not been made available to the public or disclosed publicly: (A) Bid prices submitted in response to a Federal agency solicitation for sealed bids, or lists of those bid prices before public bid opening.
Extracted authority passage 6
Page 54 TITLE 41—PUBLIC CONTRACTS § 2102 (C) a member of the uniformed services, as defined in section 2101(3) of title 5.
48 CFR 3.104-4
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 48 CFR 3.104-4 | status: Specified | banner: CUI//SP-SSEL.
- 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-SSEL | 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: Basic + Specified, CUI. 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 Basic + Specified with banner CUI.
Extracted authority meaning
- Federal Acquisition Regulation 3.104–4
- Registry designation context: Basic + Specified, CUI. 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: Per FAR 2.101: any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly: (Items 1-10).
- DoD category scope used with this authority: The formal process of evaluating competitive proposals in accordance with policies, procedures, and criteria to enter into a procurement contract. Includes information prepared for use for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly.
- 48 CFR 3.104-4 | status: Specified | banner: CUI//SP-SSEL | 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: Basic + Specified. Per-authority NARA status values: Basic, Specified. NARA banner marking evidence: CUI, CUI//SP-SSEL. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Per FAR 2.101: any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly: (Items 1-10).
- DoD category scope: The formal process of evaluating competitive proposals in accordance with policies, procedures, and criteria to enter into a procurement contract. Includes information prepared for use for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly.
- 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: 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: 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: (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 condition: (c) Individuals unsure if particular information is source selection infor- mation, as defined in 2.101, should con- sult with agency officials as necessary.
Safeguarding and dissemination controls
- NARA registry control evidence: status Specified; banner marking CUI//SP-SSEL.
- Nara basic or specified: Basic + Specified
- Nara authority rows: 48 CFR 14.211 | status: Basic | banner: CUI || 48 CFR 14.303 | status: Specified | banner: CUI//SP-SSEL || 48 CFR 14.402-1(a) | status: Specified | banner: CUI//SP-SSEL || 48 CFR 15.207(b) | status: Basic | banner: CUI || 48 CFR 15.505(f) | status: Basic | banner: CUI || 48 CFR 15.609(a) | status: Specified | banner: CUI//SP-SSEL || 48 CFR 3.104-3(a) | status: Basic | banner: CUI | sanctions: 41 USC 2105 48 CFR 3.104-8 48 CFR 3.104-2(b)(2) || 48 CFR 42.1503(b) | status: Basic | banner: CUI || 48 CFR 5.401(a) | status: Basic | banner: CUI || 48 CFR 603.104-4 | status: Basic | banner: CUI | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 4.802(e) | status: Basic | banner: CUI | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 836.203 | status: Basic | banner: CUI || 41 USC 2102(a) | status: Basic | banner: CUI | sanctions: 41 USC 2105 || 48 CFR 14.401(a) | status: Specified | banner: CUI//SP-SSEL | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 3.104-4 | status: Specified | banner: CUI//SP-SSEL | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 52.215-1(e) | status: Specified | banner: CUI//SP-SSEL | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 9.105-3(a) | status: Basic | banner: CUI
- Nara banner markings: CUI, CUI//SP-SSEL
- Nara sanctions: 41 USC 2105 48 CFR 3.104-8 48 CFR 3.104-2(b)(2) || 41 USC 2105 48 CFR 3.104-8 || 41 USC 2105
- 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: (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: 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: (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: (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: (b) Contractor bid or proposal infor- mation and source selection informa- tion must be protected from unauthor- ized disclosure in accordance with 14.401, 15.207, applicable law, and agen- cy regulations.
- 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.
- 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.
Authority excerpts
Most relevant extracted authority passage
(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 passage 2
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 passage 3
(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 passage 4
(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 passage 5
(b) Contractor bid or proposal infor- mation and source selection informa- tion must be protected from unauthor- ized disclosure in accordance with 14.401, 15.207, applicable law, and agen- cy regulations.
Extracted authority passage 6
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
48 CFR 9.105-3(a)
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 48 CFR 9.105-3(a) | status: Basic | banner: CUI.
- DoD authority row: 48 CFR 9.105-3(a). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 48 CFR 9.105-3(a) | status: Basic | banner: CUI
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic + Specified, CUI. 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.
- Registry designation for this category is Basic + Specified with banner CUI.
Extracted authority meaning
- (a) Except as provided in subpart 24.2,
- Registry designation context: Basic + Specified, CUI. 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.
Operating conditions
- NARA category scope used with this authority: Per FAR 2.101: any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly: (Items 1-10).
- DoD category scope used with this authority: The formal process of evaluating competitive proposals in accordance with policies, procedures, and criteria to enter into a procurement contract. Includes information prepared for use for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly.
- 48 CFR 9.105-3(a) | status: Basic | banner: CUI
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic + Specified. Per-authority NARA status values: Basic, Specified. NARA banner marking evidence: CUI, CUI//SP-SSEL. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Per FAR 2.101: any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly: (Items 1-10).
- DoD category scope: The formal process of evaluating competitive proposals in accordance with policies, procedures, and criteria to enter into a procurement contract. Includes information prepared for use for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly.
- Extracted authority condition: (a) Except as provided in subpart 24.2, Freedom of Information Act, informa- tion (including the preaward survey re- port) accumulated for purposes of de- termining the responsibility of a pro- spective contractor shall not be re- leased or disclosed outside the Govern- ment.
- Extracted authority condition: (a) A preaward survey is normally re- quired only when the information on hand or readily available to the con- tracting officer, including information from commercial sources, is not suffi- cient to make a determination regard- ing responsibility.
- Extracted authority condition: (b) When a cognizant contract admin- istration office becomes aware of a pro- spective award to a contractor about which unfavorable information exists and no preaward survey has been re- quested, it shall promptly obtain and transmit details to the contracting of- ficer.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- Nara basic or specified: Basic + Specified
- Nara authority rows: 48 CFR 14.211 | status: Basic | banner: CUI || 48 CFR 14.303 | status: Specified | banner: CUI//SP-SSEL || 48 CFR 14.402-1(a) | status: Specified | banner: CUI//SP-SSEL || 48 CFR 15.207(b) | status: Basic | banner: CUI || 48 CFR 15.505(f) | status: Basic | banner: CUI || 48 CFR 15.609(a) | status: Specified | banner: CUI//SP-SSEL || 48 CFR 3.104-3(a) | status: Basic | banner: CUI | sanctions: 41 USC 2105 48 CFR 3.104-8 48 CFR 3.104-2(b)(2) || 48 CFR 42.1503(b) | status: Basic | banner: CUI || 48 CFR 5.401(a) | status: Basic | banner: CUI || 48 CFR 603.104-4 | status: Basic | banner: CUI | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 4.802(e) | status: Basic | banner: CUI | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 836.203 | status: Basic | banner: CUI || 41 USC 2102(a) | status: Basic | banner: CUI | sanctions: 41 USC 2105 || 48 CFR 14.401(a) | status: Specified | banner: CUI//SP-SSEL | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 3.104-4 | status: Specified | banner: CUI//SP-SSEL | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 52.215-1(e) | status: Specified | banner: CUI//SP-SSEL | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 9.105-3(a) | status: Basic | banner: CUI
- Nara banner markings: CUI, CUI//SP-SSEL
- Nara sanctions: 41 USC 2105 48 CFR 3.104-8 48 CFR 3.104-2(b)(2) || 41 USC 2105 48 CFR 3.104-8 || 41 USC 2105
- 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: When the contracting office and the surveying activity are in different agencies, the procedures of this section 9.106 and subpart 42.1 shall be followed along with the regulations of the agen- cy in which the surveying activity is located, except that reasonable special requests by the contracting office shall be accommodated (also see subpart 17.5). [48 FR 42142, Sept. 19, 1983, as amended at 54 FR 20496, May 11, 1989; 55 FR 36795, Sept. 6, 1990; 62 FR 232, Jan. 2, 1997, 75 FR 77735, Dec. 13, 2010]
- Extracted authority control: (a) Except as provided in subpart 24.2, Freedom of Information Act, informa- tion (including the preaward survey re- port) accumulated for purposes of de- termining the responsibility of a pro- spective contractor shall not be re- leased or disclosed outside the Govern- ment.
Authority excerpts
Extracted authority passage 2
When the contracting office and the surveying activity are in different agencies, the procedures of this section 9.106 and subpart 42.1 shall be followed along with the regulations of the agen- cy in which the surveying activity is located, except that reasonable special requests by the contracting office shall be accommodated (also see subpart 17.5). [48 FR 42142, Sept. 19, 1983, as amended at 54 FR 20496, May 11, 1989; 55 FR 36795, Sept. 6, 1990; 62 FR 232, Jan. 2, 1997, 75 FR 77735, Dec. 13, 2010]
Extracted authority passage 3
(a) Except as provided in subpart 24.2, Freedom of Information Act, informa- tion (including the preaward survey re- port) accumulated for purposes of de- termining the responsibility of a pro- spective contractor shall not be re- leased or disclosed outside the Govern- ment.
Extracted authority passage 4
(a) A preaward survey is normally re- quired only when the information on hand or readily available to the con- tracting officer, including information from commercial sources, is not suffi- cient to make a determination regard- ing responsibility.
Extracted authority passage 5
(b) When a cognizant contract admin- istration office becomes aware of a pro- spective award to a contractor about which unfavorable information exists and no preaward survey has been re- quested, it shall promptly obtain and transmit details to the contracting of- ficer.
48 CFR 207(b)
Listed by: DoD Registry, Related authorities
Designation evidence
- DoD authority row: 48 CFR 207(b). 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: Basic + Specified, CUI. 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.
- Registry designation for this category is Basic + Specified with banner CUI.
Extracted authority meaning
- amendment (see subpart 4.5, Electronic
- Registry designation context: Basic + Specified, CUI. 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.
Operating conditions
- DoD category scope used with this authority: The formal process of evaluating competitive proposals in accordance with policies, procedures, and criteria to enter into a procurement contract. Includes information prepared for use for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly.
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic + Specified. Per-authority NARA status values: Basic, Specified. NARA banner marking evidence: CUI, CUI//SP-SSEL. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Per FAR 2.101: any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly: (Items 1-10).
- DoD category scope: The formal process of evaluating competitive proposals in accordance with policies, procedures, and criteria to enter into a procurement contract. Includes information prepared for use for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly.
- Extracted authority condition: 320 48 CFR Ch. 1 (10–1–18 Edition) 15.207 been received is so substantial as to ex- ceed what prospective offerors reason- ably could have anticipated, so that ad- ditional sources likely would have sub- mitted offers had the substance of the amendment been known to them, the contracting officer shall cancel the original solicitation and issue a new one, regardless of the stage of the ac- quisition.
- Extracted authority condition: (a) Upon receipt at the location spec- ified in the solicitation, proposals and information received in response to a request for information (RFI) shall be marked with the date and time of re- ceipt and shall be transmitted to the designated officials.
- Extracted authority condition: The resubmis- sion shall be considered as if it were re- ceived at the date and time of the original unreadable submission for the purpose of determining timeliness under 15.208(a), provided the offeror complies with the time and format re- quirements for resubmission prescribed by the contracting officer. [62 FR 51230, Sept. 30, 1997, as amended at 79 FR 24201, Apr. 29, 2014] 15.208 Submission, modification, revi- sion, and withdrawal of proposals.
- Extracted authority condition: (b) Proposals shall be safeguarded from unauthorized disclosure through- out the source selection process.
- Extracted authority condition: (See 3.104 regarding the disclosure of source selection information (41 U.S.C. chap- ter 21, Restrictions on Obtaining and Disclosing Certain Information)).
Safeguarding and dissemination controls
- Nara basic or specified: Basic + Specified
- Nara authority rows: 48 CFR 14.211 | status: Basic | banner: CUI || 48 CFR 14.303 | status: Specified | banner: CUI//SP-SSEL || 48 CFR 14.402-1(a) | status: Specified | banner: CUI//SP-SSEL || 48 CFR 15.207(b) | status: Basic | banner: CUI || 48 CFR 15.505(f) | status: Basic | banner: CUI || 48 CFR 15.609(a) | status: Specified | banner: CUI//SP-SSEL || 48 CFR 3.104-3(a) | status: Basic | banner: CUI | sanctions: 41 USC 2105 48 CFR 3.104-8 48 CFR 3.104-2(b)(2) || 48 CFR 42.1503(b) | status: Basic | banner: CUI || 48 CFR 5.401(a) | status: Basic | banner: CUI || 48 CFR 603.104-4 | status: Basic | banner: CUI | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 4.802(e) | status: Basic | banner: CUI | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 836.203 | status: Basic | banner: CUI || 41 USC 2102(a) | status: Basic | banner: CUI | sanctions: 41 USC 2105 || 48 CFR 14.401(a) | status: Specified | banner: CUI//SP-SSEL | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 3.104-4 | status: Specified | banner: CUI//SP-SSEL | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 52.215-1(e) | status: Specified | banner: CUI//SP-SSEL | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 9.105-3(a) | status: Basic | banner: CUI
- Nara banner markings: CUI, CUI//SP-SSEL
- Nara sanctions: 41 USC 2105 48 CFR 3.104-8 48 CFR 3.104-2(b)(2) || 41 USC 2105 48 CFR 3.104-8 || 41 USC 2105
- 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: (b) Proposals shall be safeguarded from unauthorized disclosure through- out the source selection process.
- Extracted authority control: (See 3.104 regarding the disclosure of source selection information (41 U.S.C. chap- ter 21, Restrictions on Obtaining and Disclosing Certain Information)).
- Extracted authority control: In- formation received in response to an RFI shall be safeguarded adequately from unauthorized disclosure.
- Extracted authority control: Offerors may use any transmission method authorized by the solicitation (i.e., regular mail, elec- tronic commerce, or facsimile).
Authority excerpts
Most relevant extracted authority passage
(b) Proposals shall be safeguarded from unauthorized disclosure through- out the source selection process.
Extracted authority passage 2
(See 3.104 regarding the disclosure of source selection information (41 U.S.C. chap- ter 21, Restrictions on Obtaining and Disclosing Certain Information)).
Extracted authority passage 3
In- formation received in response to an RFI shall be safeguarded adequately from unauthorized disclosure.
Extracted authority passage 4
Offerors may use any transmission method authorized by the solicitation (i.e., regular mail, elec- tronic commerce, or facsimile).
Extracted authority passage 5
320 48 CFR Ch. 1 (10–1–18 Edition) 15.207 been received is so substantial as to ex- ceed what prospective offerors reason- ably could have anticipated, so that ad- ditional sources likely would have sub- mitted offers had the substance of the amendment been known to them, the contracting officer shall cancel the original solicitation and issue a new one, regardless of the stage of the ac- quisition.
Extracted authority passage 6
(a) Upon receipt at the location spec- ified in the solicitation, proposals and information received in response to a request for information (RFI) shall be marked with the date and time of re- ceipt and shall be transmitted to the designated officials.
48 CFR 603.104-1
Listed by: DoD Registry, Related authorities
Designation evidence
- DoD authority row: 48 CFR 603.104-1. 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: Basic + Specified, CUI. 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 Basic + Specified with banner CUI.
Extracted authority meaning
- Department of State 603.104–4
- Registry designation context: Basic + Specified, CUI. 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: The formal process of evaluating competitive proposals in accordance with policies, procedures, and criteria to enter into a procurement contract. Includes information prepared for use for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly.
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic + Specified. Per-authority NARA status values: Basic, Specified. NARA banner marking evidence: CUI, CUI//SP-SSEL. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Per FAR 2.101: any of the following information that is prepared for use by an agency for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly: (Items 1-10).
- DoD category scope: The formal process of evaluating competitive proposals in accordance with policies, procedures, and criteria to enter into a procurement contract. Includes information prepared for use for the purpose of evaluating a bid or proposal to enter into an agency procurement contract, if that information has not been previously made available to the public or disclosed publicly.
- Extracted authority condition: 603.104–4 Disclosure, protection, and mark- ing of contractor bid or proposal infor- mation and source selection information.
- Extracted authority condition: (a) The following classes of persons may be authorized to receive con- tractor bid or proposal information or source selection information by the contracting officer or head of the con- tracting activity, when such access is necessary to the conduct of an acquisi- tion: (1) Individuals involved in the selec- tion process, such as the Contracting Officer’s Representative, technical evaluators, advisors, consultants, and the Source Selection Official; (2) Clerical personnel directly in- volved in the acquisition; (3) Supervisors in the contracting of- ficer’s chain of command; (4) Contracting personnel involved in reviewing or approving the solicita- tion, contract, or contract modifica- tion; (5) Individuals from offices who may be required to perform pre-award au- dits, such as DCAA; and, (6) Personnel in the following offices: Office of Small and Disadvantaged Business Utilization (OSDBU), Office of the Legal Adviser, Office of Legislative Affairs, Office of the Inspector General, Office of the Procurement Executive, the Small Business Administration, and the Office of Federal Contract Compliance Programs (Department of Labor).
- Extracted authority condition: (c) All information which is consid- ered proprietary or source selection in- formation shall be marked to prevent its unauthorized disclosure before
- Extracted authority condition: This may be performed by marking each page of proprietary or source selection material with the statement ‘‘Source Selection Informa- tion—See FAR 3.104’’ or ‘‘Proprietary Information—See FAR 3.104’’, as appli- cable.
Safeguarding and dissemination controls
- Nara basic or specified: Basic + Specified
- Nara authority rows: 48 CFR 14.211 | status: Basic | banner: CUI || 48 CFR 14.303 | status: Specified | banner: CUI//SP-SSEL || 48 CFR 14.402-1(a) | status: Specified | banner: CUI//SP-SSEL || 48 CFR 15.207(b) | status: Basic | banner: CUI || 48 CFR 15.505(f) | status: Basic | banner: CUI || 48 CFR 15.609(a) | status: Specified | banner: CUI//SP-SSEL || 48 CFR 3.104-3(a) | status: Basic | banner: CUI | sanctions: 41 USC 2105 48 CFR 3.104-8 48 CFR 3.104-2(b)(2) || 48 CFR 42.1503(b) | status: Basic | banner: CUI || 48 CFR 5.401(a) | status: Basic | banner: CUI || 48 CFR 603.104-4 | status: Basic | banner: CUI | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 4.802(e) | status: Basic | banner: CUI | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 836.203 | status: Basic | banner: CUI || 41 USC 2102(a) | status: Basic | banner: CUI | sanctions: 41 USC 2105 || 48 CFR 14.401(a) | status: Specified | banner: CUI//SP-SSEL | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 3.104-4 | status: Specified | banner: CUI//SP-SSEL | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 52.215-1(e) | status: Specified | banner: CUI//SP-SSEL | sanctions: 41 USC 2105 48 CFR 3.104-8 || 48 CFR 9.105-3(a) | status: Basic | banner: CUI
- Nara banner markings: CUI, CUI//SP-SSEL
- Nara sanctions: 41 USC 2105 48 CFR 3.104-8 48 CFR 3.104-2(b)(2) || 41 USC 2105 48 CFR 3.104-8 || 41 USC 2105
- 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: 603.104–4 Disclosure, protection, and mark- ing of contractor bid or proposal infor- mation and source selection information.
- Extracted authority control: 603.104–4 Disclosure, protection, and marking of contractor bid or pro- posal information and source selec- tion information.
- Extracted authority control: (a) The following classes of persons may be authorized to receive con- tractor bid or proposal information or source selection information by the contracting officer or head of the con- tracting activity, when such access is necessary to the conduct of an acquisi- tion: (1) Individuals involved in the selec- tion process, such as the Contracting Officer’s Representative, technical evaluators, advisors, consultants, and the Source Selection Official; (2) Clerical personnel directly in- volved in the acquisition; (3) Supervisors in the contracting of- ficer’s chain of command; (4) Contracting personnel involved in reviewing or approving the solicita- tion, contract, or contract modifica- tion; (5) Individuals from offices who may be required to perform pre-award au- dits, such as DCAA; and, (6) Personnel in the following offices: Office of Small and Disadvantaged Business Utilization (OSDBU), Office of the Legal Adviser, Office of Legislative Affairs, Office of the Inspector General, Office of the Procurement Executive, the Small Business Administration, and the Office of Federal Contract Compliance Programs (Department of Labor).
- Extracted authority control: (c) All information which is consid- ered proprietary or source selection in- formation shall be marked to prevent its unauthorized disclosure before
- Extracted authority control: Subpart 603.8—Limitations on the Payment of Funds To Influence Federal Transactions 603.804 Policy Subpart 603.9—Whistleblower Protections for Contractor Employees 603.905 Procedures for investigating com- plaints.
- Extracted authority control: Redesignated at 69 FR 19330, Apr. 13, 2004; 80 FR 6915, Feb. 9, 2015] 603.104–7 Violations or possible viola- tions.
- Extracted authority control: Subpart 603.2—Contractor Gratuities to Government Personnel 603.204 Treatment of violations.
Authority excerpts
Most relevant extracted authority passage
603.104–4 Disclosure, protection, and mark- ing of contractor bid or proposal infor- mation and source selection information.
Extracted authority passage 2
603.104–4 Disclosure, protection, and marking of contractor bid or pro- posal information and source selec- tion information.
Extracted authority passage 3
(a) The following classes of persons may be authorized to receive con- tractor bid or proposal information or source selection information by the contracting officer or head of the con- tracting activity, when such access is necessary to the conduct of an acquisi- tion: (1) Individuals involved in the selec- tion process, such as the Contracting Officer’s Representative, technical evaluators, advisors, consultants, and the Source Selection Official; (2) Clerical personnel directly in- volved in the acquisition; (3) Supervisors in the contracting of- ficer’s chain of command; (4) Contracting personnel involved in reviewing or approving the solicita- tion, contract, or contract modifica- tion; (5) Individuals from offices who may be required to perform pre-award au- dits, such as DCAA; and, (6) Personnel in the following offices: Office of Small and Disadvantaged Business Utilization (OSDBU), Office of the Legal Adviser, Office of Legislative Affairs, Office of the Inspector General, Office of the Procurement Executive, the Small Business Administration, and the Office of Federal Contract Compliance Programs (Department of Labor).
Extracted authority passage 4
(c) All information which is consid- ered proprietary or source selection in- formation shall be marked to prevent its unauthorized disclosure before
Extracted authority passage 5
Subpart 603.8—Limitations on the Payment of Funds To Influence Federal Transactions 603.804 Policy Subpart 603.9—Whistleblower Protections for Contractor Employees 603.905 Procedures for investigating com- plaints.
Extracted authority passage 6
This may be performed by marking each page of proprietary or source selection material with the statement ‘‘Source Selection Informa- tion—See FAR 3.104’’ or ‘‘Proprietary Information—See FAR 3.104’’, as appli- cable.