15.609
Limited use of data
Offerors must use specific legends to restrict the use and disclosure of proprietary data in unsolicited proposals, and agencies must strictly follow procedures to protect such data during evaluation.
Overview
FAR 15.609 establishes procedures for protecting proprietary or sensitive data included in unsolicited proposals submitted to the government. It outlines how offerors can restrict the use and disclosure of their data, the required legends and markings, and the responsibilities of agency personnel in handling such proposals. The regulation ensures that data is only used for evaluation purposes unless a contract is awarded, and sets out protocols for involving non-Government evaluators, especially when proposals come from educational or nonprofit organizations.
Key Rules
- Offeror Data Restrictions
- Offerors may restrict the use and disclosure of data in unsolicited proposals by marking the title page and each sheet with specific legends provided in the regulation.
- Handling Improper Legends
- Proposals with legends different from those prescribed must be returned to the offeror for correction before consideration.
- Agency Handling and Marking
- Agencies must mark proposals with a cover sheet warning against unauthorized disclosure or use, and ensure only authorized personnel access the data.
- Non-Government Evaluators
- When outside evaluation is needed, agencies must obtain written agreements from non-Government evaluators to protect the data, and secure offeror permission if required.
- FOIA Considerations
- The prescribed notices do not override obligations under the Freedom of Information Act (FOIA); trade secrets and confidential information should be clearly identified.
Responsibilities
- Contracting Officers: Ensure proposals are properly marked, handle proposals with care, return improperly marked proposals, and obtain necessary permissions for outside evaluations.
- Contractors: Clearly mark proprietary data and follow prescribed legends to restrict use and disclosure.
- Agencies: Oversee compliance, safeguard data, and ensure FOIA obligations are met.
Practical Implications
- This section protects offerors' proprietary data in unsolicited proposals, balancing confidentiality with government evaluation needs. Failure to use correct legends can delay or prevent proposal consideration. Agencies must be vigilant in handling, marking, and sharing proposals, especially when involving non-Government evaluators or responding to FOIA requests.