[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR3.104-4]

[Page 45-46]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 3_IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST--Table of Contents
 
                         Subpart 3.1_Safeguards
 
Sec.  3.104-4  Disclosure, protection, and marking of contractor bid or 
proposal information and source selection information.

    (a) Except as specifically provided for in this subsection, no 
person or other entity may disclose contractor bid or proposal 
information or source selection information to any person other than a 
person authorized, in accordance with applicable agency regulations or 
procedures, by the agency head or the contracting officer to receive 
such information.
    (b) Contractor bid or proposal information and source selection 
information must be protected from unauthorized disclosure in accordance 
with 14.401, 15.207, applicable law, and agency regulations.
    (c) Individuals unsure if particular information is source selection 
information, as defined in 2.101, should consult with agency officials 
as necessary. Individuals responsible for preparing material that may be 
source selection information as described at paragraph (10) of the 
``source selection information'' definition in 2.101 must mark the cover 
page and each page that the individual believes contains source 
selection information with the legend ``Source Selection Information--
See FAR 2.101 and 3.104.'' Although the information in paragraphs (1) 
through (9) of the definition in 2.101 is considered to be source 
selection information whether or not marked, all reasonable efforts must 
be made to mark such material with the same legend.
    (d) Except as provided in paragraph (d)(3) of this subsection, the 
contracting officer must notify the contractor in writing if the 
contracting officer believes that proprietary information, contractor 
bid or proposal information, or information marked in accordance with 
52.215-1(e) has been inappropriately marked. The contractor that has 
affixed the marking must be given an opportunity to justify the marking.
    (1) If the contractor agrees that the marking is not justified, or 
does not respond within the time specified in the notice, the 
contracting officer may remove the marking and release the information.
    (2) If, after reviewing the contractor's justification, the 
contracting officer determines that the marking is not justified, the 
contracting officer must notify the contractor in writing before 
releasing the information.
    (3) For technical data marked as proprietary by a contractor, the 
contracting officer must follow the procedures in 27.404(h).
    (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 information;
    (2) The disclosure or receipt of information, not otherwise 
protected, relating to a Federal agency procurement after it has been 
canceled by the Federal agency, before contract award, unless the 
Federal agency plans to resume 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

[[Page 46]]

of contractor bid or proposal information 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.
    (f) This section does not authorize--
    (1) The withholding of any information pursuant to a proper request 
from the Congress, any committee or subcommittee thereof, a Federal 
agency, the Comptroller General, or an Inspector General of a Federal 
agency, except as otherwise authorized by law or regulation. Any release 
containing contractor 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 procurement and notify the recipient that 
the disclosure of the information is restricted by section 27 of the 
Act;
    (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 receipt of bid or proposal 
information or source selection information after award if disclosure, 
solicitation, or receipt is prohibited by law. (See 3.104-2(b)(5) and 
subpart 24.2.)

[67 FR 13059, Mar. 20, 2002]