PART 286h—RELEASE OF ACQUISITION-RELATED INFORMATION Authority: Pub. L. 101-189. Source: 55 FR 28614, July 12, 1990, unless otherwise noted. § 286h.1 Purpose. This part sets forth Department of Defense (DoD) policy for the release of acquisition-related information. § 286h.2 Applicability and scope. (a) This part applies to the Office of the Secretary of Defense (OSD), the Military Departments, the Chairman, Joint Chiefs of Staff and Joint Staff (CJCS), the Unified and Specified Commands, and the Defense Agencies (hereafter referred to collectively as “DoD Components”). (b) This part is issued pursuant to section 822 of Public Law 101-189, which requires the Department of Defense to prescribe a single uniform regulation for dissemination of, and access to, acquisition information. § 286h.3 Policy. (a) General. (b) Information for which release is restricted. (1) Release subject to statutory restrictions. (2) Classified information. (ii) Release, access, and dissemination of classified information shall be made through existing security channels in accordance with DoD 5220.22-R; 1 2 3 1 2 3 (3) Contractor bid or proposal information. (ii)(A) Sealed bids. 1 ( 2 ( 3 Negotiated procurements. (4) Source selection information. (A) Bid prices submitted in response to a Government solicitation for sealed bids or lists of such bid prices (applicable prior to bid opening only); (B) Proposed costs or prices submitted in response to a Government solicitation prior to award of the contract, a list of proposed costs or prices; (C) Source selection plans; (D) Technical evaluation plans; (E) Technical evaluations of competing proposals; (F) Cost or price evaluations of competing proposals; (G) Competitive range determinations; (H) Rankings of competitors; (I) The reports and evaluations or source selection boards, advisory councils, or the source selection authority (SSA); and (J) Any other information which: ( 1 ( 2 (ii) Release of or access to source selection information (SSI)—(A) Access to SSI. (B) Release of SSI 1 Prior to contract award. ( 2 After contract award. (5) Planning, programming, and budgetary information. (ii)(A) Requests for exceptions to this limitation may be granted on a case-by-case basis to meet compelling needs, after coordination with the Office of General Counsel, by the Head of the OSD office responsible for the PPBS phase to which the document or data base pertains; the Under Secretary of Defense (Policy) for the planning phase; the Assistant Secretary of Defense (Program Analysis and Evaluation) for programming; and the Comptroller, DoD for budgeting. A list of the current major documents and data bases for each PPBS phase is in paragraph (B)(5)(11)(C) of this section; all other PPBS materials are also controlled under this policy. (B) Disclosure of PPBS information to Congress and the General Accounting Office (GAO) is covered by statute and other procedures. (C) Major PPBS Documents and Data Bases by Phase. Planning Phase ( 1 Programming Phase ( 2 ( 3 ( 4 ( 5 ( 6 ( 7 ( 8 ( 9 Budgeting Phase ( 10 ( 11 ( 12 ( 13 ( 14 ( 15 ( 16 ( 17 (iii) Contractor requests for information contained in the National Military Strategy Document (including annexes) and the Chairman's Program Assessment Document (including annexes and comments) shall be forwarded to the CJCS who shall determine on a case-by-case basis what information, if any, is releasable to the contractor. (6) Documents that disclose the Government's negotiating position. (7) Drafts and working papers. (c) Freedom of Information Act. 4 4 § 286h.4 Responsibilities. (a) The Under Secretary of Defense (Acquisition) shall be responsible for establishing uniform policies and procedures for the release of acquisition-related information. (b) The Under Secretary of Defense (Policy), Assistant Secretary of Defense (Program Analysis and Evaluation) and Comptroller, DoD are responsible for adjudicating requests for access to Planning, Programming and Budgeting information pertaining to their respective phases of the PPB system. (c) The Head of each DoD Component shall assure that procedures for the release of acquisition-related information are consistent with the policy contained in this Directive and shall not impose any additional restrictions on release of such information. These procedures shall specifically identify the individuals authorized to release and transmit acquisition-related information.