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FAR and DFARS › FAR Part 9: Contractor Qualifications › Subpart 9.5

FAR 9.505-4 Obtaining access to proprietary 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 addresses when a contractor obtains proprietary information from others while performing a Government contract. It requires certain agreements to protect that information and prevent unfair competitive advantage. It also advises contractors to check that marketing consultants used in an acquisition do not create an unfair advantage.

Applies to: Contractors who obtain proprietary information from others or use marketing consultants in connection with a Government acquisition.

What it requires

  • Agree with other companies to protect their proprietary information from unauthorized use or disclosure for as long as it remains proprietary.
  • Refrain from using the proprietary information for any purpose other than that for which it was furnished.
  • Make inquiries of marketing consultants to ensure that the marketing consultant has provided no unfair competitive advantage.

Key terms: proprietary information · unfair competitive advantage · advisory and assistance services · marketing consultants · source selection information

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

The text

(a) When a contractor requires proprietary information from others to perform a Government contract and can use the leverage of the contract to obtain it, the contractor may gain an unfair competitive advantage unless restrictions are imposed. These restrictions protect the information and encourage companies to provide it when necessary for contract performance. They are not intended to protect information—

(1) Furnished voluntarily without limitations on its use; or

(2) Available to the Government or contractor from other sources without restriction.

(b) A contractor that gains access to proprietary information of other companies in performing advisory and assistance services for the Government must agree with the other companies to protect their information from unauthorized use or disclosure for as long as it remains proprietary and refrain from using the information for any purpose other than that for which it was furnished. The contracting officer shall obtain copies of these agreements and ensure that they are properly executed.

(c) Contractors also obtain proprietary and source selection information by acquiring the services of marketing consultants which, if used in connection with an acquisition, may give the contractor an unfair competitive advantage. Contractors should make inquiries of marketing consultants to ensure that the marketing consultant has provided no unfair competitive advantage.

Sections that refer to it

← 9.505-3 Providing evaluation services. · 9.506 Procedures. →

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 9.505-4 Obtaining access to proprietary information · SpendQuery