SUBPART 3.1 – SAFEGUARDS

(Revised February 1, 2023 through PROCLTR 2023-02)

Parent topic: PART 3 – IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF

INTEREST

3.103 Independent pricing.

Disclosure of prices during a reverse auction conducted by the Government, in which each offeror

consents to public disclosure of its prices, including to other offerors, does not constitute a

disclosure.

3.104 Procurement integrity.

3.104-1 Definitions.

“Access to controlled unclassified information (CUI)” means the ability or opportunity to acquire,

examine, or retrieve CUI.

“Contracting activity ethics official” means the Chief Counsel.

“Contracting office ethics official” means the designated Counsel.

“Designated agency ethics official” means the General Counsel.

“Ombudsman for Procurement Integrity” means the DLA Acquisition Deputy Director.

3.104-3 Statutory and related prohibitions, restrictions, and

requirements.

In accordance with 41 U.S.C. 2107(1), offerors participating in a particular DLA reverse auction and

their designated employees, and commercial auction providers and their designated employees are

authorized to disclose and obtain the prices submitted by all offerors participating in that reverse

auction.

3.104-4 Statutory and related prohibitions, restrictions, and

requirements.
(a) Oversight officials have authority to access contractor bid or proposal information or source

selection information to the extent necessary to perform their official duties.

(b) All Agency personnel, contractors (as entities), and non-government personnel participating in

activities that require access to CUI, such as source selection information or other protected

information such as contractor proprietary information, shall sign a non-disclosure agreement using

the mandatory DLA Non-Disclosure Agreement (NDA) Templates (

https://dlamil.dps.mil/sites/Acquisition/Shared%20Documents/Forms/AllItems.aspx?RootFolder=%2F

sites%2FAcquisition%2FShared%20Documents%2FJ%2D71%2FPROCLTR%20Archive%2FNon%2DD

isclousure%20Agreement%5FNDA%5FTemplates&FolderCTID=0x01200080FADA3E9BBF764593C

F2E25DC6FA477 ) before being allowed access to the CUI. These non-disclosure agreements include

conflict of interest statements that must be addressed. In addition, before being given access to

contractor bid and proposal information or other proprietary or protected information submitted by

an offeror or contractor, support contractors shall be required to negotiate a separate nondisclosure

agreement with the entity submitting the protected information. Contracts (including orders) and

agreements that require an NDA for access to CUI for contract performance shall include the

following language so that the NDA requirements are enforceable as contract requirements:

The requirements of non-disclosure agreements executed pursuant to performance of this contract,

order, or agreement are hereby incorporated by reference into this contract, order, or agreement

and are part of the performance requirements of this contract, order, or agreement .

3.104-7 Violations or possible violations.

(a)(1) Office of Counsel is the designee.

(b) The determination shall be coordinated with the Office of Counsel.

(f) The determination shall be coordinated with the Office of Counsel. Notification shall be provided

to the DLA Acquisition Director.