Confidentiality of Proposals

Third Party Procurement

Frequently Asked Questions

Q = Question; A = Answer

Q. Where is it written that proposals are required to be kept confidential?

A. The FTA Procurement Circular 4220.1F is silent on the subject of confidentiality of proposal information. State laws similar to the Federal Freedom of Information Act (FOIA) may address the issue of what kind of information is releasable to the public when requested. You should consult with your legal counsel as to what your state laws require. For information, the Federal Acquisition Regulation (FAR) discuss the subject of disclosure of contractor bid and proposal information in FAR 3.104-4. Grantees are not bound by the FAR but you may find this helpful. Also, FAR 27.401 (b) discusses the policy of the Federal Government in seeking to protect contractors' proprietary technical proposal information and the reasons for doing so. (Revised: May 2010)