Overview
FAR 14.211 establishes strict controls on the release of information regarding proposed and active acquisitions to ensure all prospective bidders have equal access to information and to prevent any single entity from gaining an unfair competitive advantage.
Key Rules
- Pre-Solicitation Restrictions: Information may not be released outside the government prior to solicitation except through specific authorized channels like presolicitation notices, synopses, or long-range acquisition estimates.
- Internal Control: Within the government, acquisition information must be restricted to individuals with a "legitimate interest" in the procurement.
- Simultaneous Release: To maintain a level playing field, any authorized information released to prospective bidders must be provided to all bidders at as nearly the same time as possible.
- Authorized Personnel: After a solicitation is issued, only the Contracting Officer, their superiors, or specifically authorized personnel are permitted to conduct discussions or transmit technical information.
- Clarifications vs. Amendments: While general information (e.g., explaining a standard clause) can be provided upon request, any specific information that provides a clarification or changes the requirement must be issued to all bidders via a formal solicitation amendment.
- Procurement Integrity: All releases must comply with FAR 3.104 regarding the protection of proprietary and source selection information.
Practical Implications
- Centralized Communication: Contracting Officers act as the "gatekeepers" of information; any informal communication between technical personnel and industry can lead to protests based on unequal access to information.
- Equalization of Information: If one bidder asks a question that results in a better understanding of the government's requirements, the government is obligated to share that clarification with all potential bidders through a formal amendment to the Invitation for Bids (IFB).