Interpreting the Rules

Here are the official governmentwide rules about communication between acquisition employees and contractors, along with two recent agency clarifications.

Federal Acquisition Regulation

Limits on exchanges. Government personnel involved in the acquisition shall not engage in conduct that

1. Favors one offeror over another;
2. Reveals an offeror's technical solution, including unique technology, innovative and unique uses of commercial items, or any information that would compromise an offeror's intellectual property to another offeror;
3. Reveals an offeror's price without that offeror's permission. However, the contracting officer may inform an offeror that its price is considered by the government to be too high or too low, and reveal the results of the analysis supporting that conclusion. It is also permissible, at the government's discretion, to indicate to all offerors the cost or price that the government's price analysis, market research and other reviews have identified as reasonable;
4. Reveals the names of individuals providing reference information about an offeror's past performance; or
5. Knowingly furnishes source selection information.

Air Force

In June, the Air Force, which underwent a period of self-examination after senior acquisition official Darleen Druyun pleaded guilty to favoring Boeing Co. in contracting decisions, reminded employees that frequent exchanges with industry are encouraged before a solicitation is released, but that after the request for proposal is released, "communications must be strictly controlled," including e-mails. The memo states, "When it is known a source selection will be conducted, it is crucial that potential offerors are treated in a manner that prevents them from gaining an unfair competitive advantage."

Agency for International Development

The general counsel's office sent a notice to employees in August reminding them not to disclose nonpublic information, such as internal memos from contracting officers and source selection information, to anyone outside government, and that doing so could have criminal consequences.