[Code of Federal Regulations]

[Title 48, Volume 7]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR2903.104-5]



[Page 14-15]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                     CHAPTER 29--DEPARTMENT OF LABOR

 

PART 2903_IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST

--Table of Contents

 

                        Subpart 2903.1_Safeguards

 

Sec. 2903.104-5  Disclosure, protection, and marking of contractor bid or 

proposal information and source selection information.



    (a) Government employees serving in the following positions are 

authorized access to proprietary or source selection information, but 

only to the extent necessary to perform their official duties:

    (1) Personnel participating in technical evaluation panels (i.e., 

source selection board) or personnel evaluating an offeror's or bidder's 

technical or cost proposal under other competitive procedures, and 

personnel evaluating protests.

    (2) Personnel assigned to the contracting office.

    (3) The initiator of the procurement request (to include the 

official having principal technical cognizance over the requirement).

    (4) Small business specialists.

    (5) Personnel assigned to the Office of the Solicitor.

    (6) Personnel assigned to the Department of Labor's Division of Cost 

Determination and the Defense Contract Audit Agency.

    (7) Personnel assigned to the Division of Acquisition Management 

Services.

    (8) Members of the Procurement Review Board.

    (9) The Office of the Inspector General.

    (10) Other Government employees authorized by the contracting 

officer.

    (11) Supervisors, at any level, of the personnel listed in this 

paragraph (a).

    (b) The originator of information that may be source selection 

information must consult with the contracting officer or the procurement 

officer, who must determine whether the information is source selection 

information. DOL personnel responsible for preparing source selection 

information as defined in FAR 2.101 must assure that the material is 

marked with the legend in FAR 3.104-4 at the time the material is 

prepared.

    (c) Unless marked with the legend ``SOURCE SELECTION INFORMATION--

SEE FAR 3.104-4,'' draft specifications, purchase descriptions, and 

statements of work could erroneously be released during a market survey 

in order to determine the capabilities of



[[Page 15]]



potential competitive sources (see FAR 7.1 and FAR 10).