Washington, D.C. Metro Area Law Firm Helps Clients Protect Proprietary Information

Government Contract Attorneys Focus on Protecting Proprietary Information

Learn More About Government Contracts and Awards

Proprietary information is often disclosed in proposals, regardless of whether a company is responding to a commercial or government request for proposal (RFP). When responding to a commercial RFP, companies are free to negotiate whatever contractual provisions they think necessary to protect proprietary information. In responding to government RFPs, however, the rules governing proprietary information are provided primarily in laws and regulations, and companies should know what is acceptable and required by the government.

The following statutes and agency regulations govern the conduct of government officials and employees that receive proposals from prospective contractors:

• The Trade Secrets Act makes it a criminal offense for a federal government official or employee to disclose trade secret or confidential commercial or financial data if not authorized by law. A trade secret is defined as any formula, pattern, device, or compilation of information that is used in one’s business, and gives them an opportunity to gain an advantage over competitors who do not know or use it.

• The Economic Espionage Act also protects proprietary information by making the theft of trade secrets by any person a crime.

• The Procurement Integrity Act prohibits federal procurement officials from disclosing proposal information to any person other than those persons authorized to receive such information. Proposal information includes cost or pricing data, indirect costs, direct labor rates, and properly marked proprietary information concerning manufacturing process, operations, or techniques. However, the prohibitions of the Procurement Integrity Act do not continue after contract award or cancellation of the procurement.

• The Federal Acquisition Regulations require that government officials protect all proposals from unauthorized disclosure throughout the source election process. Offerors submitting proposals in response to a competitive RFP may mark data included in their proposals with a restrictive legend. The legend restricts the use of the data to the evaluation of the proposal.

Contact a Washington, D.C. Government Contract Law Firm Today

If you are concerned about your company’s proprietary information included in government contract proposals, contact the Whay Law Firm online or call (202) 448-9677 to schedule your initial consultation today.