FAR 9.105-3 Disclosure of preaward information

Subsection Federal Acquisition Regulation

Facts

Citation
FAR 9.105-3
Type
Subsection
Last amended
82 FR 51527 Effective Nov 6, 2017
Proposed changes
1
Text as of
FAC 2026-01
Official text
acquisition.gov

Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this subsection.

Text

(a) Except as provided in subpart 24.2, Freedom of Information Act, information (including the preaward survey report) accumulated for purposes of determining the responsibility of a prospective contractor shall not be released or disclosed outside the Government.

(b) The contracting officer may discuss preaward survey information with the prospective contractor before determining responsibility. After award, the contracting officer or, if it is appropriate, the head of the surveying activity or a designee may discuss the findings of the preaward survey with the company surveyed.

(c) Preaward survey information may contain proprietary or source selection information and should be marked with the appropriate legend and protected accordingly (see 3.104-4).

Federal Register history

Final rule Published Effective
Federal Acquisition Regulation; Removal of Fair Pay and Safe Workplaces Rule 82 FR 51527 · FAC 2005-96 · Corrected Nov 8, 2017
Federal Acquisition Regulation; Fair Pay and Safe Workplaces 81 FR 58562 · FAC 2005-90
Federal Acquisition Regulation; Procurement Integrity Rewrite 67 FR 13057 · FAC 2001-06

Proposed changes

Proposed rule Published Comments
Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 9, 27, and 47 91 FR 59584 · FAR Case 2026-011, Docket No. FAR-2026-0011, Sequence No. 1 Closed Oct 19, 2026No final rule found

Sections cited

  • FAR Subpart 24.2 Freedom of Information Act
  • FAR 3.104-4 Disclosure, protection, and marking of contractor bid or proposal information and source selection information

Quick answers

What is FAR 9.105-3?

FAR 9.105-3 is a subsection of the Federal Acquisition Regulation, titled "Disclosure of preaward information".

When was FAR 9.105-3 last changed?

The most recent final rule on record is "Federal Acquisition Regulation; Removal of Fair Pay and Safe Workplaces Rule" (82 FR 51527), published Nov 6, 2017 and effective Nov 6, 2017.

Are changes to FAR 9.105-3 proposed?

One proposed change has no final rule yet.

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