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FAR and DFARS › FAR Part 5: Publicizing Contract Actions › Subpart 5.4

FAR 5.401 General.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section requires a high level of business security to protect the integrity of the acquisition process. Contracting officers must not publicize or discuss certain information obtained from potential contractors, and they may release maximum information to the public except for specific protected categories. The policy applies to all Government personnel involved in any stage of the acquisition cycle.

Applies to: All Government personnel participating directly or indirectly in any stage of the acquisition cycle

What it requires

  • Maintain a high level of business security to preserve the integrity of the acquisition process
  • Ensure that information obtained from potential contractors and others outside the Government for preparing Government estimates is not publicized or discussed with potential contractors

Key terms: business security · acquisition process · Government estimates · contracting officers · Freedom of Information Act

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) A high level of business security must be maintained in order to preserve the integrity of the acquisition process. When it is necessary to obtain information from potential contractors and others outside the Government for use in preparing Government estimates, contracting officers shall ensure that the information is not publicized or discussed with potential contractors.

(b) Contracting officers may make available maximum information to the public, except information—

(1) On plans that would provide undue or discriminatory advantage to private or personal interests;

(2) Received in confidence from an offeror;

(3) Otherwise requiring protection under Freedom of Information Act (see subpart 24.2) or Privacy Act (see subpart 24.1); or

(4) Pertaining to internal agency communications (e.g., technical reviews, contracting authority or other reasons, or recommendations referring thereto).

(c) This policy applies to all Government personnel who participate directly or indirectly in any stage of the acquisition cycle.

Sections that refer to it

  • 36.607 Release of information on firm selection.

← 5.303 Announcement of contract awards. · 5.402 General public. →

Rule changes for FAR Part 5

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 5.401 General · SpendQuery