41. Privileged or Confidential

Comment: A respondent suggested revising DFARS 252.215-7002(d)(1) as follows: "The Contractor shall disclose its estimating system to the Administrative Contracting Officer (ACO), in writing. The Government 'shall' protect the information as privileged or confidential. The Contractor must mark the documents with the appropriate legends before submission as well."

Response: This rule is not intended to change the Government's existing obligations under law and regulation to protect a contractor's privileged or confidential information. The advisory at DFARS 252.215-7002(d)(1) that contractors mark documents with appropriate legends is intended to encourage good business practices in order to help the Government identify information that the contractor wishes to be protected.