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    What are the restrictions or requirements for sending Acquisition/Program Sensitive Information? Do I need to take precautions (ie: preface email with a statement, ensure everyone getting the information has a non-disclosure agreement, etc..)?


    Answer

    In order to answer this question, two things must be considered.  First, the communication is from one government agency to another government agency, so both parties are government.  Secondly, it is assumed that all data is government produced; therefore, there would be no data rights issues that need to be addressed in markings.  However, if there is any question about data rights, data rights markings must be appended even if it is a government-to-government communication. 
     
    If it is true that this is government to government communications and there is no issue with data rights, then the next question which needs to be addressed is whether it is source selection sensitive.  The determination is based on the FAR 2.101 definition of items considered pre-RFP.  Such items include, source selection plans, technical evaluation plans, or other information based on a case-by-case determination by the head of the agency or the contracting officer, that its disclosure would jeopardize the integrity or successful completion of the Federal agency procurement to which the information relates.  In this case, the information is marked as "Source Selection Information - See FAR 2.101 and 3.104". 
     
    If the information involves data rights, then those markings should already be affixed and it would be important not to share the info without the markings.
     
    If the information is determined to be either source selection plans, technical evaluation plans, or other information based on a case-by-case determination by the head of the agency or the contracting officer, that its disclosure would jeopardize the integrity or successful completion of the Federal agency procurement, then it should be marked consistent with the guidance in FAR 3.104-4(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 FAR 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.”
     
    If the information doesn't fall into either the data rights category or the source selection category, then the only remaining question is whether it is secret or confidential (reasons that are not contracting-related).  If so, then security rule for secret and confidential marking would apply. 
     
     To be sure requirements determination stays in Government hands only, the e-mail should be encrypted or access a web site which only allows password access to "authorized" users.  Then, when finalized the Draft RFP can be release for industry comments on the requirements as a final check before the Official RFP is released for the proposal.
     

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