[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

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

[CITE: 48CFR9.105-3]



[Page 150]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 9_CONTRACTOR QUALIFICATIONS--Table of Contents

 

             Subpart 9.1_Responsible Prospective Contractors

 

Sec. 9.105-3  Disclosure of preaward information.



    (a) Except as provided in subpart 24.2, Freedom of Information Act, 

information (including the preaward survey report) accumulated for 

purposes of determining the responsibility of a prospective contractor 

shall not be released or disclosed outside the Government.

    (b) The contracting officer may discuss preaward survey information 

with the prospective contractor before determining responsibility. After 

award, the contracting officer or, if it is appropriate, the head of the 

surveying activity or a designee may discuss the findings of the 

preaward survey with the company surveyed.

    (c) Preaward survey information may contain proprietary or source 

selection information and should be marked with the appropriate legend 

and protected accordingly (see 3.104-4).



[48 FR 42142, Sept. 19, 1983, as amended by 54 FR 20496, May 11, 1989; 

62 FR 232, Jan. 2, 1997; 67 FR 13063, Mar. 20, 2002]