Overview
FAR 15.608 establishes strict protections for the intellectual property and proprietary data contained in unsolicited proposals, prohibiting the government from using or disclosing such information without the offeror's consent.
Key Rules
- Usage Restrictions: Government personnel are prohibited from using any data, concept, or idea from an unsolicited proposal as the basis for a solicitation or for negotiations with other firms unless the offeror agrees.
- Public Domain Exception: The prohibition on use does not apply if the specific data, concept, or idea is available from another source without restriction.
- Non-Disclosure: Personnel must not disclose restrictively marked information, including trade secrets, processes, operations, or style of work.
- Legal Penalties: Unauthorized disclosure of protected information is subject to criminal penalties under the Trade Secrets Act (18 U.S.C. 1905).
Practical Implications
- Protection of Innovation: These rules prevent the government from "shopping" a contractor's unique solution to competitors, ensuring that firms can submit innovative ideas without fear of losing their competitive advantage.
- Criticality of Markings: To benefit from these protections and trigger potential criminal penalties for disclosure, offerors must ensure their proposals are appropriately marked with restrictive legends in accordance with FAR 15.609.