Monday, March 21, 2011

Your Company looks a little pale, nothing a transfusion can't fix!

I am begining to wonder if the FAR is a comprehensively documented well established rule of law or a how to manual for White Collar Criminals!

Technical Transfusion is regulated by FAR 15.610(e).

FAR 15.610(e)

(e) The following conduct may constitute prohibited conduct under section 27 of the Office of Federal Procurement Policy Act [3.104–4 Statutory and related prohibitions, restrictions, and requirements.(a) Prohibition on disclosing procurement information (subsection 27(a) of the Act).], as amended (41 U.S.C. 423, The Procurement Integrity Act), and FAR Subpart 3.104 to which civil and criminal penalties and administrative remedies apply.

(1) Technical transfusion (i.e., Government disclosure of technical information pertaining to a proposal that results in improvement of a competing proposal); or

(2) Auction techniques, such as--

(i) Indicating to an offeror a cost or price that it must meet to obtain further consideration;

(ii) Advising an offeror of its price standing relative to another offeror (however, it is permissible to inform an offeror that its cost or price is considered by the Government to be too high or unrealistic); and

(iii) Otherwise furnishing information about other offerors' prices.

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