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FAR and DFARS › FAR Part 9: Contractor Qualifications › Subpart 9.1

FAR 9.105-3 Disclosure of preaward information.

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 limits how information gathered to determine whether a prospective contractor is responsible, including preaward survey reports, may be shared. Generally, that information must not be released outside the Government, though the contracting officer may discuss it with the prospective contractor before determining responsibility and, after award, may discuss the survey findings with the surveyed company. It matters because it tells contractors that preaward information is treated as protected and only shared in limited circumstances.

Applies to: Contracting officers and prospective contractors involved in preaward responsibility determinations

What it requires

  • Do not release or disclose preaward responsibility information outside the Government, except as provided in the Freedom of Information Act subpart.
  • Mark preaward survey information with the appropriate legend and protect it if it contains proprietary or source selection information.

Key terms: preaward survey report · responsibility · proprietary information · source selection information · Freedom of Information Act

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

The 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).

Sections it refers to

  • 3.104-4 Disclosure, protection, and marking of contractor bid or proposal information and source selection information.

← 9.105-2 Determinations and documentation. · 9.106 Preaward surveys. →

Rule changes for FAR Part 9

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

FAR 9.105-3 Disclosure of preaward information · SpendQuery