Are we allowed to provide a list of companies that submitted a response to our market research?
Started by creyes814 · Jul 6, 2022 · 5 replies
- cOriginal post
creyes814
Jul 6, 2022 · 3y ago
Are we allowed to provide the list of companies to a prospective vendor that have submitted a response to our market research? A vendor asked if he could have the list of companies.
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Vel
Jul 7, 2022 · 3y ago
I've had this happen before. I told the vendor "No" because I had not advised in the sources sought notice that the names of companies that responded would be released. If you do decide to do so, then I would release the information publicly.
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C Culham
Jul 7, 2022 · 3y ago
creyes814 said:
Are we allowed to provide the list of companies to a prospective vendor that have submitted a response to our market research? A vendor asked if he could have the list of companies.
You may want to visit with your FOIA office or representative. By experience there is probably a relation to FOIA Exemption 4 but as it goes details may count. Just a suggestion in case the requester presses for the information.
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Voyager
Jul 7, 2022 · 3y ago
If you do say "No", be sure to send them to your office's Small Business Program Manager for the established guidance in prospecting opportunities.
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joel hoffman
Jul 7, 2022 · 3y ago
This might help answer your question. It mentions making those firms expressing an interest in respond to a Sources Sought announcement available to the public.
https://www.aptac-us.org/sources-sought/Pre-electronic contracting, the USACE used to make lists of firms that requested copies of construction contract solicitations available to those firms requesting a list in order to provide subcontracting opportunities.
im not familiar with the current methods and procedures.
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Vern Edwards
Jul 7, 2022 · 3y ago
creyes814 said:
Are we allowed to provide the list of companies to a prospective vendor that have submitted a response to our market research?
Yes, unless you promised not to release their identities. See FAR Subpart 5.4, Release of information.
l do not know of any statute, regulation, or policy that prohibits disclosure of the names of firms that have merely expressed an interest in an upcoming procurement.
FOIA exemption 4 does not preclude the release of such information.