14.211 Release of acquisition information
Source: FAR 14.211 on acquisition.gov
FAR 14.211 ensures all prospective bidders receive acquisition information equally and prohibits any release or discussion that could give one bidder an unfair advantage.
Overview
FAR 14.211 governs the release of acquisition information before and after the solicitation process to ensure fairness and prevent any prospective bidder from gaining an unfair advantage. The regulation restricts the dissemination of information about proposed acquisitions outside the Government prior to solicitation, except in specific cases such as presolicitation notices, long-range acquisition estimates, or required synopses. Within the Government, access is limited to those with a legitimate interest. After solicitation, only contracting officers or authorized personnel may communicate with bidders, and they must avoid providing information that could give any bidder a competitive edge. General clarifications may be provided if they do not prejudice other bidders, and more specific information must be shared through formal amendments to the solicitation.
Key Rules
- Pre-Solicitation Information Release
- Acquisition information must not be released outside the Government before solicitation, except as allowed by specific FAR provisions.
- Internal Government Access
- Information is restricted to individuals with a legitimate interest within the Government.
- Equal Information Release
- All prospective bidders must receive information at the same time to prevent unfair advantage.
- Post-Solicitation Communication
- Only contracting officers or authorized personnel may discuss solicitations with bidders, and must avoid giving any bidder an advantage.
- General vs. Specific Information
- General, non-prejudicial information may be provided upon request; specific clarifications must be issued via solicitation amendments.
Responsibilities
- Contracting Officers: Control release of acquisition information, ensure equal access, and issue amendments for clarifications.
- Contractors: Refrain from seeking or using unauthorized information; request clarifications through proper channels.
- Agencies: Oversee compliance and restrict access to acquisition information.
Practical Implications
- Ensures a level playing field for all bidders by controlling information flow.
- Prevents bid protests and allegations of unfair advantage.
- Common pitfalls include unauthorized disclosures or informal clarifications that are not shared with all bidders.
(a) Before solicitation. Information concerning proposed acquisitions shall not be released outside the Government before solicitation except for presolicitation notices in accordance with 14.205 or 36.213-2, or long-range acquisition estimates in accordance with 5.404, or synopses in accordance with 5.201. Within the Government, such information shall be restricted to those having a legitimate interest. Releases of information shall be made (1)to all prospective bidders, and (2)as nearly as possible at the same time, so that one prospective bidder shall not be given unfair advantage over another. See 3.104 regarding requirements for proprietary and source selection information including access to and disclosure thereof.
(b) After solicitation. Discussions with prospective bidders regarding a solicitation shall be conducted and technical or other information shall be transmitted only by the contracting officer or superiors having contractual authority or by others specifically authorized. Such personnel shall not furnish any information to a prospective bidder that alone or together with other information may afford an advantage over others. However, general information that would not be prejudicial to other prospective bidders may be furnished upon request; e.g., explanation of a particular contract clause or a particular condition of the schedule in the invitation for bids, and more specific information or clarifications may be furnished by amending the solicitation (see 14.208).