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Disclosure of potential offerors - FAR ?


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I am looking for a FAR or some other regulation that prohibis the Govt from releasing the names of potential vendors for a particular procurement.

I am at the market research/pre-solicitation stage of the procurement and I have a list of potential offerors (i.e. offerors that have responded to an RFI).

I will not release the names of any of the companies that have responded to any of the other companies that have responded. Releasing the names of the potential offerors to another potential offeror can create an advantage because the potential offeor that received this information will know who the competition is. I feel this will give this offeror a competitive advantage. Does anyone concur with this?

However, I cannot find any FAR of DFAR cite that clearly states the names of potential offerors cannot be released. Does anyone know of any law or regulation that specifically prohitibs the release of this type of information?

Any comments ?

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You won't find anything that prohibits that practice. Often it helps promote competition by fostering teaming arrangements as well as assisting small businesses.

Thanks for your comment - I agree. But, I am only comfortable releasing the names of all potential offerors to all of the potential offerors. I still don't feel it is appropriate to provide the names of potential offerors to just one of the potential offerors.

Thanks for your reply.

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But, I am only comfortable releasing the names of all potential offerors to all of the potential offerors. I still don't feel it is appropriate to provide the names of potential offerors to just one of the potential offerors.

Why not? What would be inappropriate about providing the information to whoever asks for it, even if only one offeror ends up asking for it?

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Guest Vern Edwards

Why not just do what many others do? They issue an RFP amendment that lists all of the companies that have expressed an interest in the procurement, such as those who attended a presolicitation or preproposal conference or who registered at the agency website for the solicitation.

No big deal.

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Tiering off this topic - and I don't think my two cents here are a big deal either but would be curious what others experience have been.

On occassion at a pre-proposal meeting or a "pre-bid" site tour, I don't always catch all the participants names/firms whom attended. Often despite my pre-wired plans of a sign in sheet or other methods. I have even had, more than once, a person who cared not to be identified, which I did not push. Or half of them come late and in the flurry or the site tour they depart before you can nail their names.

As a result I have 1. Successfully gotten and included all names/firms who attended. 2. Gotten most of them and listed those I had. 3. Not gotten very many of them accurately due to reasons and then just indicated so on the amendedment notes "Between 9 and 15 people attended." 4. Just posted the notes and remained silent on who was there.

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I don't see how that information would be prohibited from release. If you go to www.fbo.gov and search for an opportunity, there is even an "Interested Vendors List" tab that displays the names and contact information of the interested vendors.

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Why not? What would be inappropriate about providing the information to whoever asks for it, even if only one offeror ends up asking for it?

Thank you for your response and maybe providing the information is not inappropriate. However I would feel more comfortable dissemintating the information to all interested parties rather than just providing to one or more offerors that request it.

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I don't see how that information would be prohibited from release. If you go to www.fbo.gov and search for an opportunity, there is even an "Interested Vendors List" tab that displays the names and contact information of the interested vendors.

Not all interested vendors provide their contact information on this tab.

Thanks for the comment

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Why not just do what many others do? They issue an RFP amendment that lists all of the companies that have expressed an interest in the procurement, such as those who attended a presolicitation or preproposal conference or who registered at the agency website for the solicitation.

No big deal.

Thanks. When/if I get to that point (RFP / Solicitation) I will issue an amendment listing all companies that expressed an interest and/or attended any pre-bid conferences.

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