Marking Business Proprietary Information
Started by beewaxing · Nov 1, 2023 · 3 replies
- bOriginal post
beewaxing
Nov 1, 2023 · 2y ago
I have a question about the proper marking of business proprietary information.
The information in question does not involve patents, data, copyrights, or any contract deliveables, only our business financial and management information.
Examples of the information provided would be; labor rate build ups, overhead rates, company revenues and expenses, management structure, and ownership, etc.
We are a small business prime contractor to the Federal Government.
On occasion, under existing contract, we are required to submit business proprietary information.
Question:
Can we as the contractor mark such information as proprietary before submitting it to the government?
Thank you
- C
C Culham
Nov 1, 2023 · 2y ago
beewaxing said:
Can we as the contractor mark such information as proprietary before submitting it to the government?
Sure you can mark it but other statutes and regulations may control the informations disclosure. In stating this I do not to make you concerned as in my experienced view the information you note shall in general not be disclosed. The information you note is specifically addressed in the Freedom of Information Act and its implementing regulations. Here is a couple of Federal Acquisition Regulation (FAR) references that may help your thought process.
FAR 3.104-4 Disclosure, protection, and marking of contractor bid or proposal information and source selection information.
And
FAR Subpart 24.2 - Freedom of Information Act
- F
Fara Fasat
Nov 1, 2023 · 2y ago
When you say you are "required" to submit business proprietary information, what do you mean? Is it a deliverable? Is it pursuant to an audit? Is it certified cost or pricing data?
- b
beewaxing
Nov 2, 2023 · 2y ago
The information requested is not a contract deliverable, or certified cost or pricing data.
We are seeing two types of business information requests;
1. In some cases the information is requested by DCAA and then we provide that information to DCAA.
The responsible contract CO is always copied on the submittals of requested information to DCAA.
2. In some cases business information is requested directly by the CO responsible for a particular contract.