Privileged and confidential information
FAR 30.202-4 requires contractors and contracting officers to follow 48 CFR 9903.202-4 for protecting privileged and confidential information in CAS disclosures.
Overview
FAR 30.202-4 directs contracting professionals to 48 CFR 9903.202-4 for guidance on handling privileged and confidential information in the context of cost accounting standards (CAS) disclosure requirements. This section ensures that sensitive information provided in CAS disclosures is protected according to established federal regulations. Contractors and contracting officers must be aware of the rules governing the treatment, disclosure, and safeguarding of proprietary, privileged, or confidential data submitted as part of CAS compliance.
Key Rules
- Reference to 48 CFR 9903.202-4
- All requirements for handling privileged and confidential information are governed by the referenced regulation, which outlines protections and limitations on disclosure.
- Protection of Sensitive Information
- Contractors must ensure that proprietary or confidential information included in CAS disclosures is properly marked and handled to prevent unauthorized release.
Responsibilities
- Contracting Officers: Must ensure that any privileged or confidential information received is handled in accordance with 48 CFR 9903.202-4 and not disclosed improperly.
- Contractors: Must clearly identify and mark any privileged or confidential information in their CAS disclosures and understand the protections afforded by the referenced regulation.
- Agencies: Must enforce compliance with the referenced regulation and protect sensitive contractor information.
Practical Implications
- This section exists to protect contractors' sensitive business information during the CAS disclosure process.
- It impacts daily contracting by requiring careful handling and marking of confidential data.
- Common pitfalls include failing to properly mark confidential information or misunderstanding the scope of protections, which could lead to unauthorized disclosure or legal disputes.