On November 29, 2016, the Federal Acquisition Regulation (FAR) Council issued a proposed rule to carry out the requirements of Section 887 of the National Defense Authorization Act and make clear that “agency acquisition personnel are permitted and encouraged to engage in responsible and constructive exchanges with industry, so long as those exchanges are consistent with existing law and regulation and do not promote an unfair competitive advantage to particular firms.” 81 Fed. Reg. 85914. 



In issuing the proposed rule, the FAR Council is seeking comments on the parameters for such exchanges – which phases of the federal acquisition process would benefit from more exchanges, which currently pose barriers to effective communication, and whether greater discussions with offerors would benefit competition in high dollar acquisitions. As members of the public you can submit comments on this proposed rule and the questions posed by the FAR Council; comments are due on or before January 30, 2017.

TAKEAWAYS:

• While the proposed rule encourages exchanges between government and industry, there are statutory and regulatory provisions that limit when and under what circumstances you can engage in communications with government personnel about government contracting matters.
• There also are rules that prohibit you, during the conduct of a Federal procurement, from seeking, using or disclosing certain information that would be considered procurement sensitive.
• It is important to know these rules before you attempt to communicate with the Government and other Industry members during the conduct of a Federal procurement.

If you have questions about the Federal government contracting rules on the communications and information exchanges, including questions about how to properly raise concerns regarding a particular procurement, contact Susan Ebner or your FS counsel.