36.607 Release of information on firm selection
Source: FAR 36.607 on acquisition.gov
FAR 36.607 restricts the release of information about architect-engineer firm selection to protect sensitive details and ensures proper debriefings for all firms after final selection.
Overview
FAR 36.607 governs the release of information regarding the selection of architect-engineer (A-E) firms for government contracts. After the final selection, the contracting officer is permitted to disclose only the identity of the A-E firm with which negotiations will begin, and the work should be described only in general terms unless classified. If negotiations fail with the top-rated firm, the officer may announce this and name the next firm to be negotiated with. Once a contract is awarded, standard award information may be released as per FAR 5.401. Additionally, debriefings for both successful and unsuccessful firms must be conducted after final selection, following procedures in FAR 15.503, 15.506(b)-(f), and 15.507(c), with certain exceptions specific to A-E contracts.
Key Rules
- Release of Firm Identity
- Only the name of the selected A-E firm and a general description of the work may be released after final selection.
- Disclosure Upon Terminated Negotiations
- If negotiations end without award, the contracting officer may disclose this and name the next firm for negotiations.
- Award Information Release
- Upon contract award, release information in accordance with FAR 5.401.
- Debriefings
- Conduct debriefings for all firms after final selection, following specific FAR 15.5 procedures, with noted exceptions for A-E contracts.
Responsibilities
- Contracting Officers: Control the timing and content of information released about firm selection and negotiations; conduct debriefings per applicable FAR sections.
- Contractors: Understand what information may be disclosed and their rights to debriefings.
- Agencies: Ensure compliance with information release and debriefing procedures, and maintain confidentiality as required.
Practical Implications
This section ensures transparency in the A-E selection process while protecting sensitive information and the integrity of negotiations. Contractors should be aware of what information may be released and their entitlement to debriefings. Common pitfalls include premature or excessive disclosure and failure to follow proper debriefing procedures.
(a) After final selection has taken place, the contracting officer may release information identifying only the architect-engineer firm with which a contract will be negotiated for certain work. The work should be described in any release only in general terms, unless information relating to the work is classified. If negotiations are terminated without awarding a contract to the highest rated firm, the contracting officer may release that information and state that negotiations will be undertaken with another (named) architect-engineer firm. When an award has been made, the contracting officer may release award information (see 5.401).
(b) Debriefings of successful and unsuccessful firms will be held after final selection has taken place and will be conducted, to the extent practicable, in accordance with 15.503, 15.506(b) through (f), and 15.507(c). Note that 15.506(d)(2) through (d)(5) do not apply to architect-engineer contracts.