Bids and proposals must be physically safeguarded from unauthorized disclosure due to the
sensitive information contained therein. Bids and proposals contain sensitive information that
will determine if a supplier or offeror may receive a contract award. Failure to receive a contract
award can result in company layoffs and loss of the technical expertise that helps keep the
company competent and competitive. When a company can no longer remain competitive, the
Government may pay higher costs in the future due to less competition. - Answers Contractor
bid or proposal information (FAR 3.104-1) means any information submitted to a federal agency
in connection with a bid or proposal to enter into a contract, if that information has not been
previously made available to the public or disclosed publicly.
Examples of contractor bid or proposal information include:
Cost or pricing data
Contractor labor and overhead rates
Technical approach for fulfilling the contract requirements
Proprietary information about manufacturing processes, operations, or techniques
Information marked by the contractor with a label indicating its sensitivity (e.g., Contractor Bid
or Proposal Information, Proprietary, Competition Sensitive, Sensitive, etc.) - Answers Suppliers
invest large amounts of money and assume significant financial and technical risk developing
more efficient manufacturing processes and technologies to meet Government needs. A
supplier's primary incentive to take these risks is to receive contracts that will enable the
supplier to recoup costs and earn a reasonable profit. Therefore, suppliers are rightfully
concerned about the protection of this data whenever it is released to anyone.
The acquisition team (e.g., program manager, contracting officer) at the local buying office
determines who has a need to know. Examples of typical Government officials with a need to
know are:
Program manager
Contracting officer
Business advisor
Auditor
Price analyst
Legal advisor
Customer representatives
,Buying office representatives - Answers Program managers and/or contracting officers must
ensure these team members are briefed on who has access to bid and proposal information
and how to physically protect offers when in their possession. Review FAR 3.104-1 for more
information.
important competitive concepts that the acquisition team must safeguard. Further, these are
competitive concepts that the team must be aware of before receipt of a response to a
solicitation. - Answers Not all government personnel have the privilege of seeing offers,
contractor bids, or proposal information. Only government personnel with a need to know are
permitted access to this information.
Program managers and or contracting officers must ensure team members are briefed on who
has access to bid and proposal information and how to physically protect offers when in their
possession. - Answers The FAR leaves the method of protection of quotes and proposals up to
the local contracting offices and agency procedures.
Examples of prudent safeguarding procedures are:
Store bids and proposals in a locked container
Secure the locked container within the building
Before contract award, make the identity and number of bids and proposals received available
only to Government employees on a "need to know" basis
Do not open bids and proposals until the designated due date
Establish a procedure during evaluation for checking out proposals from the storage container
or facility—similar to a library book check-out system - Answers When bids and proposals are
received in the contracting office, they should be placed in a secure, locked container.
This prevents access by personnel without a need to know. It also gives the contracting
professional - and you, the business advisor - control and accountability for the whereabouts of
each bid and proposal throughout the procurement process.
The container itself can either be physically attached to the facility or the weight or bulk of the
container may be sufficient to prevent the container from being removed. Your contracting team
typically receives many visitors in a day - if quotes or proposals are lying out on a desktop,
visitors may easily learn how many offers are coming in and who the offerors are.
The contracting team should also have a process for accounting for each proposal whenever it
,is removed or returned to the container. If there is more than one copy of each proposal,
number the proposals and check them out by number.
Safeguarding procedures, such as the use of a secure locked container, can prevent
unauthorized disclosure. It also gives the contracting professional and the business advisor
control and accountability for the whereabouts of each quote and proposal throughout the
procurement process. - Answers When quotes and proposals are received in the contracting
office, they should be placed in a secure locked container. This prevents access by individuals
without a need to know
You should now read FAR subpart 14.4 (thru 14.406), FAR 15.207, and FAR 15.208, to learn how
to conduct a routine bid opening as well as to manage irregularities during the bid and proposal
process. - Answers Although many different scenarios can occur on or before the offer due date
(e.g., offer misrouted in the office, offer received late, offer not clearly marked as an offer on the
envelope), you will focus on the 5 areas below:
General procedures
Open and abstract offers
Postponement of offers
Unreadable electronic responses
Processing late offers
You must establish and maintain acceptable evidence for the time of receipt of the offer at the
Government's location. - Answers This can be accomplished with a:
Date/time stamp machine
Fax transaction report
Handwritten date/time initialed by the contracting professional on the offer envelope and/or
cover letter
A potential mishap that can occur is failure to clearly and accurately mark the date and time a
particular offer was received.
If the offer was the winning offer, and protested, the reviewing officials will look at the reason
for the protest and review the handling of the files to ensure all offers were processed properly.
Though the Government may succeed in arguing against the reason for the protest, the
, reviewing officials could invalidate the award as it is not clear the winning offeror submitted its
offer on time. - Answers Unique situations can arise during the course of receiving offers.
Consider the following example: An envelope arrives in the office marked "Offer." However,
there is no indication as to which solicitation the offer is in response to. Is this offer in response
to the recent solicitation for custodial services or construction of the new barracks? An
envelope marked as an "offer," but not identifying the solicitation number, must be opened to
identify the solicitation to which it applies.
The offer may be opened solely for the purpose of identification by an official designated for
this purpose.
Once opened, the designated official should carry the envelope to the proper contracting
professional and may consider writing the solicitation number on the outside of the envelope,
sealing the envelope, and preparing an explanatory memo.
This is another opportunity for an administrative mishap.
Sealed bids that are mistakenly opened because the envelope is not properly marked must be
accompanied by the documentation required by FAR 14.401(b).
Overlooking this critical task may later raise questions as to why a particular bid may have been
opened, who opened the bid, and whether bid information may have fallen into the hands of
someone without a need to know. - Answers If samples are required to be submitted by the
solicitation, they must be handled with sufficient care to prevent disclosure of sample
characteristics.
A sample would be required where the details or characteristics of the product cannot be
adequately described in the specifications or purchase description.
In a construction contract, an example might be a square of carpet, wall paneling, or stone tile.
Bids are opened in a manner that is highly regulated to protect the competitive nature of the
process. Bids are opened at a "public bid opening" by a bid opening officer.