Prohibitions
Government personnel must not use or disclose proprietary information from unsolicited proposals without the offeror's consent, or risk legal and criminal penalties.
Overview
FAR 15.608 establishes strict prohibitions on the use and disclosure of information contained in unsolicited proposals submitted to the government. It ensures that government personnel do not use proprietary data, concepts, or ideas from such proposals as the basis for solicitations or negotiations with other firms unless the original offeror is notified and consents. Additionally, it prohibits the unauthorized disclosure of restrictively marked information, such as trade secrets or proprietary processes, which could result in criminal penalties under federal law. The regulation aims to protect the intellectual property and confidential information of offerors submitting unsolicited proposals, fostering trust and encouraging innovation in government contracting.
Key Rules
- Use of Unsolicited Proposal Content
- Government personnel cannot use any part of an unsolicited proposal as the basis for a solicitation or negotiation with another firm without notifying and obtaining agreement from the original offeror, unless the information is publicly available or unrestricted from another source.
- Disclosure of Restrictively Marked Information
- Government personnel must not disclose restrictively marked information (such as trade secrets or proprietary data) from unsolicited proposals, except as authorized by law, with violations potentially resulting in criminal penalties.
Responsibilities
- Contracting Officers: Must ensure no use or disclosure of protected information from unsolicited proposals without proper notification and consent; must safeguard restrictively marked data.
- Contractors: Should clearly mark proprietary or confidential information in unsolicited proposals to ensure protection.
- Agencies: Must train personnel on handling unsolicited proposals and enforce compliance with these prohibitions.
Practical Implications
- This section exists to protect offerors' proprietary information and encourage submission of innovative ideas to the government.
- Improper use or disclosure of unsolicited proposal content can lead to legal consequences and loss of trust.
- Common pitfalls include failing to properly mark proprietary information or inadvertently using protected data in solicitations.