5.405 Exchange of acquisition information
Source: FAR 5.405 on acquisition.gov
FAR 5.405 requires agencies and contractors to exchange relevant acquisition information to ensure consistency and informed decision-making in government procurements.
Overview
FAR 5.405 addresses the exchange of acquisition information among government agencies and contracting activities when procuring the same or similar items. Its purpose is to ensure uniformity in handling major acquisition issues and to facilitate the resolution of complex or controversial matters. The regulation emphasizes the importance of sharing pertinent information—especially cost and pricing data—during acquisition planning, presolicitation, evaluation, and pre-award survey phases. It also requires contracting activities to proactively request and provide relevant information about end items and major subcontracted components when substantial acquisitions are involved or when deemed necessary. Contracting officers must also obtain information from contractors regarding their previous government contracts and subcontracts for similar items, particularly early in negotiations or during subcontract reviews.
Key Rules
- Exchange and Coordination of Information
- Agencies and contracting activities must share relevant acquisition information, especially cost and pricing data, to ensure consistent treatment of major issues.
- Requesting and Providing Information
- When substantial acquisitions are involved, contracting activities must request and provide information about end items and major subcontracted components from/to other agencies.
- Contractor Disclosure Requirement
- Contracting officers must request contractors to provide details of previous government contracts and subcontracts for similar items or components early in negotiations or during subcontract reviews.
Responsibilities
- Contracting Officers: Must request and share acquisition information with other agencies and require contractors to disclose prior relevant contracts and subcontracts.
- Contractors: Must provide information on previous government contracts and subcontracts for similar items or components when requested.
- Agencies: Must respond to requests for acquisition information from other agencies or contracting activities.
Practical Implications
- This section promotes transparency and consistency in government acquisitions, reducing duplication of effort and improving negotiation outcomes.
- Contractors should be prepared to disclose relevant contract history promptly.
- Failure to exchange information may lead to inconsistent pricing, missed opportunities for leveraging prior experience, or delays in acquisition processes.
(a) When the same item or class of items is being acquired by more than one agency, or by more than one contracting activity within an agency, the exchange and coordination of pertinent information, particularly cost and pricing data, between these agencies or contracting activities is necessary to promote uniformity of treatment of major issues and the resolution of particularly difficult or controversial issues. The exchange and coordination of information is particularly beneficial during the period of acquisition planning, presolicitation, evaluation, and pre-award survey.
(b) When substantial acquisitions of major items are involved or when the contracting activity deems it desirable, the contracting activity shall request appropriate information (on both the end item and on major subcontracted components) from other agencies or contracting activities responsible for acquiring similar items. Each agency or contracting activity receiving such a request shall furnish the information requested. The contracting officer, early in a negotiation of a contract, or in connection with the review of a subcontract, shall request the contractor to furnish information as to the contractor’s or subcontractor’s previous Government contracts and subcontracts for the same or similar end items and major subcontractor components.