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

  1. c

    creyes814

    Jul 6, 2022 · 3y ago

    Original post

    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.

  2. V

    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.

  3. C

    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.

  4. V

    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.

  5. j

    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.

  6. V

    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.

    https://www.justice.gov/archives/oip/foia-guide-2004-edition-exemption-4#:~:text=Exemption 4 of the FOIA,government and submitters of information.

Sign in or sign up to post a reply.