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48 CFR · Federal Acquisition Regulation and Defense supplement

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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.

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43 sections with “proprietary information”: the first 40

  • FAR 9.505-4 Obtaining access to proprietary information.
    (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 impos…
  • DFARS 209.505-4 Obtaining access to proprietary information.
    (b)(i) For contractors, other than litigation support contractors, accessing third party proprietary technical data or computer software, non-disclosure requirements are addressed at 227.7103-7(b), through use of the clause at 252.227-7025 …
  • DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.
    …copying of information to unauthorized media may have occurred. Contractor attributional/proprietary information means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can b…
  • FAR 3.104-4 Disclosure, protection, and marking of contractor bid or proposal information and source selection information.
    …ng officer must notify the contractor in writing if the contracting officer believes that proprietary information, contractor bid or proposal information, or information marked in accordance with 52.215-1(e) has been inappropriately marked.…
  • DFARS 252.204-7014 Limitations on the Use or Disclosure of Information by Litigation Support Contractors.
    …nsitive information means controlled unclassified information of a commercial, financial, proprietary, or privileged nature. The term includes technical data and computer software, but does not include information that is lawfully, publicly…
  • DFARS 252.215-7016 Notification to Offerors—Postaward Debriefings.
    … for contract awards valued at $15 million or more, while protecting the confidential and proprietary information of other offerors. The request is considered timely if received within 3 days of notification of contract award. (2) When req…
  • FAR 6.305 Availability of the justification.
    … days. (e) Contracting officers shall carefully screen all justifications for contractor proprietary data and remove all such data, and such references and citations as are necessary to protect the proprietary data, before making the justi…
  • FAR 8.405-6 Limiting sources.
    …ard. (iii) Contracting officers shall carefully screen all justifications for contractor proprietary data and remove all such data, and such references and citations as are necessary to protect the proprietary data, before making the justi…
  • FAR 9.105-3 Disclosure of preaward information.
    …e 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).
  • FAR 9.508 Examples.
    … in communications. The agency intends to ask that firms doing research in the field make proprietary information available to Company A. The contract must require Company A to— (1) Enter into agreements with these firms to protect any pro…
  • FAR 14.211 Release of acquisition information.
    …er shall not be given unfair advantage over another. See 3.104 regarding requirements for proprietary and source selection information including access to and disclosure thereof. (b) After solicitation. Discussions with prospective bidders…
  • FAR 15.604 Agency points of contact.
    …ther appropriate personnel before preparing a detailed unsolicited proposal or submitting proprietary information to the Government may save considerable time and effort for both parties (see 15.201). Agencies must make available to potenti…
  • FAR 16.505 Ordering.
    …order. (4) Contracting officers shall carefully screen all justifications for contractor proprietary data and remove all such data, and such references and citations as are necessary to protect the proprietary data, before making the justi…
  • DFARS 204.7302 Policy.
    … software. (c) Information shared by the contractor may include contractor attributional/proprietary information that is not customarily shared outside of the company, and that the unauthorized use or disclosure of such information could c…
  • DFARS 215.506 Postaward debriefing of offerors.
    …cy's written source selection decision document, redacted to protect the confidential and proprietary information of other offerors for the contract award. (ii) For award of a contract in excess of $150 million, disclosure of the agency's …
  • DFARS 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support.
    …nsitive information means controlled unclassified information of a commercial, financial, proprietary, or privileged nature. The term includes technical data and computer software, but does not include information that is lawfully, publicly…
  • FAR 2.101 Definitions.
    …estrictions on access and disclosure, including means for protecting personal privacy and proprietary information; and (3) Availability, which means ensuring timely and reliable access to, and use of, information. Information technology m…
  • FAR 3.104-1 Definitions.
    …to procurements subject to that section. (2) Indirect costs and direct labor rates. (3) Proprietary information about manufacturing processes, operations, or techniques marked by the contractor in accordance with applicable law or regulat…
  • FAR 5.202 Exceptions.
    … the originality of thought or innovativeness of the proposed research, or would disclose proprietary information associated with the proposal. This exception does not apply if the proposed contract action results from an unsolicited resear…
  • FAR 5.301 General.
    …e the originality of thought or innovativeness of the proposed research or would disclose proprietary information associated with the proposal; (2) The award results from a proposal submitted under the Small Business Innovation Development…
  • FAR 5.705 Publicizing postaward.
    …tices and the rationale will be available to the public at the GPE, so do not include any proprietary information or information that would compromise national security. The following table provides examples for when a rationale is required…
  • FAR 9.505 General rules.
    …age exists where a contractor competing for award of any Federal contract possesses— (1) Proprietary information that was obtained from a Government official without proper authorization; or (2) Source selection information (as defined in…
  • FAR 15.507 Protests against award.
    …cted on the original award regarding the successful offeror's proposal; and (2) Other nonproprietary information that would have been provided to the original offerors.
  • FAR 27.402 Policy.
    …eet specialized acquisition needs and ensure logistics support. (b) Contractors may have proprietary interests in data. In order to prevent the compromise of these interests, agencies shall protect proprietary data from unauthorized use an…
  • DFARS 204.7301 Definitions.
    …use, or unauthorized access to, or modification of information. Contractor attributional/proprietary information means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can b…
  • DFARS 252.216-7010 Postaward Debriefings for Task Orders and Delivery Orders.
    …r or delivery order was successful or unsuccessful, while protecting the confidential and proprietary information of other contractors. The request is considered timely if received within 3 days of notification of task order or delivery ord…
  • FAR 17.802 Policy.
    …tions shall provide for the transition of data in commercially available, or open and non-proprietary format and for permanent records, in accordance with disposition guidance issued by the National Archives and Records Administration. (d)…
  • FAR 15.404-2 Data to support proposal analysis.
    …tion listed in 43.204(b)(5). (5) Field pricing information and other reports may include proprietary or source selection information (see 2.101). This information must be appropriately identified and protected accordingly. (b) Reporting f…
  • FAR 15.407-2 Make-or-buy programs.
    …s areas, delivery or performance schedules, control of technical and schedule interfaces, proprietary processes, technical superiority or exclusiveness, and technical risks involved. (e) Program requirements. To support a make-or-buy progr…
  • FAR 15.605 Content of unsolicited proposals.
    … personnel to be contacted for evaluation or negotiation purposes; (3) Identification of proprietary data to be used only for evaluation purposes; (4) Names of other Federal, State, or local agencies or parties receiving the proposal or f…
  • FAR 22.406-6 Payrolls and statements.
    …loyees have a privacy interest, as well as information in which the contractor may have a proprietary interest that the Government may be obliged to protect. Questions concerning release of this information may involve the Freedom of Inform…
  • FAR 27.302 Policy.
    … Government without permission of the contractor. Contractors should mark as confidential/proprietary any utilization report to help prevent inadvertent release outside the Government. (f) March-in rights. (1) Pursuant to 35 U.S.C. 203, ag…
  • FAR 33.104 Protests to GAO.
    … the disclosure by the party of procurement sensitive information, trade secrets or other proprietary or confidential research, development or commercial information that is contained in such document. Protective orders do not authorize wit…
  • FAR 35.017 Federally Funded Research and Development Centers.
    …normal contractual relationship, to Government and supplier data, including sensitive and proprietary data, and to employees and installations equipment and real property. The FFRDC is required to conduct its business in a manner befitting …
  • FAR 52.203-13 Contractor Code of Business Ethics and Conduct.
    …tor's disclosure as confidential where the information has been marked “confidential” or “proprietary” by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public purs…
  • FAR 52.217-12 Reverse Auction Services.
    …registration process, the Contractor shall allow each entity the opportunity to execute a proprietary data protection agreement with the Contractor; however, the Contractor shall not negotiate terms in the agreement that affect the terms an…
  • FAR 52.227-11 Patent Rights—Ownership by the Contractor.
    …(h) of this clause. The Contractor also shall mark any utilization report as confidential/proprietary to help prevent inadvertent release outside the Government. As required by 35 U.S.C. 202(c)(5), the agency will not disclose that informat…
  • DFARS 204.7401 Definitions.
    …nsitive information means controlled unclassified information of a commercial, financial, proprietary, or privileged nature. The term includes technical data and computer software, but does not include information that is lawfully, publicly…
  • DFARS 239.7602-1 General.
    …tions shall provide for the transition of data in commercially available, or open and non-proprietary format (and for permanent records, in accordance with disposition guidance issued by National Archives and Record Administration). (3) Ap…
  • DFARS 252.227-7020 Rights in special works.
    …the Government, against any liability, including costs and expenses, (1) for violation of proprietary rights, copyrights, or rights of privacy or publicity, arising out of the creation, delivery, use, modification, reproduction, release, pe…

FAR (chapter 1)

DFARS (chapter 2, Defense)

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Rule changes in progress: FAR, DFARS. Terms: glossary.