(a) Conditions. To use nongovernment evaluators, contracting officers must meet the restrictions in FAR 7.503, FAR 37.203 and GSAR 537.2. See also FAR subpart 3.11 and Office of Federal Procurement Policy Letter 11-1, Performance of Inherently Governmental and Critical Functions ( http://www.whitehouse.gov/omb/procurement_index_policy/).

(b) Limitations on disclosing proposal information. The contracting officer may disclose proposal information outside the Government before the Government’s decision as to contract award only to the extent authorized in this section. Disclosure and handling must comply with FAR 3.1 and GSAM 503.104-4.

(c) Relationship to the Freedom of Information Act. Release of a proposal outside the Government for evaluation does not constitute the release of information under the Freedom of Information Act ( 5 U.S.C. 552).