| Sources
of Guidance On Disclosing Government Information.
Statutes.
1. 10 U.S.C. 2305(b)(5) - (7) (Providing
a debriefing to an unsuccessful offeror
in a procurement).
2. 18 U.S.C. 641 (Theft of Government property,
including Government information).
3. 18 U.S.C. 793 (Disclosure of National
Defense Information).
4. 18 U.S.C. 798 (Disclosure of classified
information).
5. 18 U.S.C. 1905 (Trade Secrets Act).
6. 41 U.S.C. 253b(e) (Providing a debriefing
to an unsuccessful offeror in a procurement).
7. 41 U.S.C. 423(a) (Disclosure of source
selection information or contractor bid
or proposal information -- the Procurement
Integrity Law).
8. 50 U.S.C. 783 (Disclosure of classified
information).
Regulations.
9. 5 CFR 2635.703 (Disclosure of nonpublic
information by Executive Branch employees).
10. FAR 3.104-4 (Disclosure of source selection
information or contractor bid or proposal
information -- implementation of the Procurement
Integrity law).
11. FAR 5.401 to 5.405 (Release of acquisition
information).
12. FAR 14.211 (Release of acquisition
information).
13. FAR 15.505 (Preaward debriefing of
offerors).
14. FAR 15.506 (Postaward debriefing of
offerors).
Court cases.
15. Kent v. General Services Administration,
56 M.S.P.R. 536 (1993) (Disclosure by a
Government employee of sensitive preaward
procurement information to an unauthorized
person in violation of the Trade Secrets
Act, resulting in the employee's demotion,
which was upheld by the MSPB).
16. United States v. Wolfarth, No. 92-5146
(4th Cir. January 26, 1993) (Disclosure
by a Government attorney during the course
of a procurement of the proposed prices
of some of the competitors to a private
consultant who sold the information to one
of the competitors for the contract, resulting
in the attorney being convicted of a violation
of 18 U.S.C. 641).
17. United States v. Berlin, 707 F.Supp.
832 (E.D. Va. 1989) (Confidential bid information
concerning a defense contract is "Government
property" for purposes of 18 U.S.C.
641).
18. United States v. Morison, 604 F.Supp.
655, 663-64 (D. Md.), appeal dismissed,
774 F.2d 1156 (4th Cir. 1985) (18 U.S.C.
641 applies to the theft of classified information).
19. United States v. Girard, 601 F.2d 69
(2nd Cir.), cert. denied, 444 U.S. 871,
100 S.Ct. 148, 62 L.Ed.2d 96 (1979) (Sale
by a former Drug Enforcement Administration
agent of information regarding whether certain
individuals are Government informants in
violation of 18 U.S.C. 641).
Comptroller General
Decisions.
20. Cowperwood Co., Comp. Gen. Dec. B-274140.2,
96-2 CPD ? 240 at pg. 2 (1996) ("The
disclosure of information to equalize competition
is an appropriate alternative to eliminating
an offeror from a competition due to a prior
disclosure of information that could result
in an unfair competitive advantage.").
21. KPMG Pete Marwick, 73 Comp. Gen. 15
(1993), motion for reconsideration denied,
Agency for Int'l Dev. (AID), Comp. Gen.
Dec. B-251902.4 (1994) (Disclosure by the
Government during a procurement of information
to the competitors for the contract in order
to maintain the fairness of the procurement).
22. Unisys Corp., Inc., 67 Comp. Gen. 512
(1988) (Disclosure by the government during
a procurement of information to the competitors
for the contract in order to maintain the
fairness of the procurement).
23. Sperry Corp., 65 Comp. Gen. 715 (1986)
(Disclosure by the government during a procurement
of information to the competitors for the
contract in order to maintain the fairness
of the procurement).
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