Due Diligence Information Exchange Treatment.docx

Due Diligence Information Exchange Treatment

FAR 15.201 (f) states “General information about agency mission needs and future requirements may be disclosed at any time. After release of the solicitation, the contracting officer must be the focal point of any exchange with potential offerors. When specific information about a proposed acquisition that would be necessary for the preparation of proposals is disclosed to one or more potential offerors, that information must be made available to the public as soon as practicable, but no later than the next general release of information, in order to avoid creating an unfair competitive advantage. Information provided to a potential offeror in response to its request must not be disclosed if doing so would reveal the potential offeror’s confidential business strategy, and is protected under 3.104 or Subpart 24.2. When conducting a presolicitation or preproposal conference, materials distributed at the conference should be made available to all potential offerors, upon request.”

Based on the above, the following will be practiced:

1. All information provided to any due diligence participant will be made available to the public one business day after the close of due diligence.

2. There is an exception to this treatment: withholding of information that would disclose a potential offeror’s confidential business strategy.

3. If a potential offeror notes that any specific information requested will invoke a response that, if published, will reveal its confidential business strategy, the government will generally respect the indication “confidential business strategy” consideration. The Government may reject such designation if it appears that the information would not in fact reveal a potential business strategy.

4. Materials distributed at the conference will be made available to all potential offerors, upon request. Announcement of such distribution , if any, will be made public

Also in the amendment notice it was stated that “It is emphasized that questions asked at these sessions must not focus on whether a possible solution would be acceptable to FEMA. The questions must be in the context of research and fact finding to enable the development of the best possible solution.”

Accordingly, any request by a potential offeror as to the acceptability of a particular solution will not be answered.