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    Are the two contractors allowed to be privy to the proposed requirements because they have signed a "non-disclosure" agreement?? I would think this violates the ethics code because this would give their company an unfair advantage of proposed and future requirements before being solicited. If they violate the non-disclosure agreement the government has no recourse because they are contractors and not governed by the same rules and regulations of a civilian. Your thoughts??


    Answer

    First, you have to look at what the contractors in your office are doing/working on, and what access they have, may have, or may appear to have. Based on that assessment, you may in fact have to  exclude both companies from any future competitions that come out of your office. You should review the new proposed procurement ethics rules to see where the Government is heading- these rules are not in effect as of this time, but as I read them they would support excluding both contractors from competing for work they may have had (or did have) advance knowledge about.
     
    The non-disclosure agreements are good to have, but their existence may not resolve the OCI issue in my opinion.
     
    Please confer with your legal counsel on this matter.
     

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