Sign In
  • Question

    May it be released to one of the bidders on an RFQ method of solicitation? If not, can you give me the FAR citation to support that decision?


    Answer

    Without knowing if this is a FAR 13 (SAP), 14 (Sealed Bidding), or 15 (Negotiation) procurement, below is some info on each that can help but ultimately, you will want to check with your agency guidelines or FOIA representatives. 

    1.  FAR 13.106 (d) Request for information. If a supplier requests information on an award that was based on factors other than price alone, a brief explanation of the basis for the contract award decision shall be provided (see 15.503(b)(2)).

    FAR 15.503(b). In general terms, the reason(s) the offeror’s proposal was not accepted, unless the price information in paragraph (b)(1)(iv) of this section readily reveals the reason. In no event shall an offeror’s cost breakdown, profit, overhead rates, trade secrets, manufacturing processes and techniques, or other confidential business information be disclosed to any other offeror.

    2.  FAR 14.403(b).  Abstracts of offers for unclassified acquisitions shall be available for public inspection. Such abstracts shall not contain information regarding failure to meet minimum standards of responsibility, apparent collusion of bidders, or other notations properly exempt from disclosure to the public in accordance with agency regulations implementing Subpart 24.2.
     
    FAR 14.409-1(b) Information included in paragraph (a)(2) of this subsection shall be provided to any unsuccessful bidder upon request except when multiple awards have been made and furnishing information on the successful bids would require so much work as to interfere with normal operations of the contracting office. In such circumstances, only information concerning location of the abstract of offers need be given. (c) When a request is received concerning an unclassified invitation from an inquirer who is neither a bidder nor a representative of a bidder, the contracting officer should make every effort to furnish the names of successful bidders and, if requested, the prices at which awards were made. However, when such requests require so much work as to interfere with the normal operations of the contracting office, the inquirer will be advised where a copy of the abstract of offers may be seen.
    (d) Requests for records shall be governed by agency regulations implementing Subpart 24.2.
    FAR 24.202 (FOIA): 
    (a) A proposal in the possession or control of the Government, submitted in response to a competitive solicitation, shall not be made available to any person under the Freedom of Information Act. This prohibition does not apply to a proposal, or any part of a proposal, that is set forth or incorporated by reference in a contract between the Government and the contractor that submitted the proposal. (See 10 U.S.C. 2305(g) and 41 U.S.C. 4702.) (b) No agency shall disclose any information obtained pursuant to 15.403-3(b) that is exempt from disclosure under the Freedom of Information Act. (See 10 U.S.C. 2306a(d)(2)(C) and 41 U.S.C. 3505(b)(3).)
    (c) A dispute resolution communication that is between a neutral person and a party to alternative dispute resolution proceedings, and that may not be disclosed under 5 U.S.C. 574, is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552(b)(3)).
    3.  15.506(d). FAR At a minimum, the debriefing information shall include --
      (1) The Government’s evaluation of the significant weaknesses or deficiencies in the offeror’s proposal, if applicable;
      (2) The overall evaluated cost or price (including unit prices), and technical rating, if applicable, of the successful offeror and the debriefed offeror, and past performance information on the debriefed offeror;
      (3) The overall ranking of all offerors, when any ranking was developed by the agency during the source selection;
      (4) A summary of the rationale for award;
      (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror; and
      (6) Reasonable responses to relevant questions about whether source selection procedures contained in the solicitation, applicable regulations, and other applicable authorities were followed.
    (e) The debriefing shall not include point-by-point comparisons of the debriefed offeror’s proposal with those of other offerors. Moreover, the debriefing shall not reveal any information prohibited from disclosure by 24.202 or exempt from release under the Freedom of Information Act (5 U.S.C. 552) including --
      (1) Trade secrets;
      (2) Privileged or confidential manufacturing processes and techniques;
      (3) Commercial and financial information that is privileged or confidential, including cost breakdowns, profit, indirect cost rates, and similar information; and
      (4) The names of individuals providing reference information about an offeror’s past performance.


    Open full Question Details