Section 6.920  Information Exchanges

When initiated by the Department, the Department, with the approval of the CPO and in accordance with the Code, may have exchanges with industry prior to the receipt of proposals in order to obtain information.

a)         Exchanges include, but are not limited to, the following:

1)         Industry or small business conferences;

2)         Public hearings;

3)         Market research;

4)         One-on-one meetings with potential offerors that will include the CPO or the CPO's designee;

5)         RFPs;

6)         Presolicitation or proposal conferences; and

7)         Site visits.  (See 23 CFR 636.115(c).)

b)         When specific information is necessary for the preparation of a proposal and that specific information is disclosed to one or more potential offerors, that specific information will be made available to all potential offerors as soon as practicable, but no later than the next general release of information, in order to avoid creating an unfair competitive advantage.  (See 23 CFR 636.115(e).) 

c)         Upon request by a potential offeror, and as approved by the CPO, information provided to a potential offeror in response to that potential offeror's request will not be disclosed if doing so would reasonably reveal the potential offeror's confidential business strategy because it involves a trade secret or concerns commercial or financial information that is proprietary, privileged or confidential and would cause competitive harm to the offeror.  This information may be subject to disclosure under federal or State freedom of information laws.  (See 23 CFR 636.115(e) and 636.subpart D (information exchanges); see also 5 ILCS 140.)

(Source:  Added at 37 Ill. Reg. 15878, effective September 27, 2013)