FAR 36.607—Release of information on firm selection.
Plain-English Summary
FAR 36.607 governs what information the contracting officer may release after the architect-engineer (A-E) selection process is complete. It covers three main topics: disclosure of the firm selected for negotiations, how much detail may be given about the work, what may be said if negotiations fail and the agency moves to another firm, and when award information may be released. It also addresses debriefings for successful and unsuccessful firms after final selection, and it ties those debriefings to the procedures in FAR 15.503, 15.506(b) through (f), and 15.507(c), while expressly excluding FAR 15.506(d)(2) through (d)(5) from A-E contracts. In practice, this section is about balancing transparency with procurement integrity: agencies can tell the public who is being negotiated with, but they must avoid revealing unnecessary details that could compromise the process or classified information. It also ensures firms receive meaningful post-selection feedback, which is important in the Brooks Act-style A-E selection system where qualifications-based selection is central.
Key Rules
Limited post-selection disclosure
After final selection, the contracting officer may disclose only the identity of the architect-engineer firm selected for negotiations. The release should not go beyond that unless otherwise permitted by this section.
Describe work in general terms
Any description of the work in the release should be stated only in general terms. A more detailed description is allowed only if the information relating to the work is classified, in which case classification rules control.
If negotiations fail
If negotiations are terminated without award to the highest rated firm, the contracting officer may announce that fact and identify the next architect-engineer firm with which negotiations will be undertaken. This allows the agency to explain the change in negotiation target without disclosing unnecessary procurement details.
Award information may be released
Once an award is made, the contracting officer may release award information in accordance with FAR 5.401. That means the normal public notice rules for contract awards apply after the contract is actually awarded.
Debriefings are required after final selection
Debriefings of both successful and unsuccessful firms are to be held after final selection has taken place. They should be conducted, to the extent practicable, under FAR 15.503, 15.506(b) through (f), and 15.507(c).
A-E debriefing exception
FAR 15.506(d)(2) through (d)(5) do not apply to architect-engineer contracts. This means certain debriefing content or restrictions that apply in other negotiated procurements are not carried over to A-E selections.
Responsibilities
Contracting Officer
Control what information is released after final selection, limit any work description to general terms, protect classified information, and ensure award information is released only after award and in accordance with FAR 5.401. The contracting officer must also arrange and conduct debriefings for successful and unsuccessful firms as practicable under the referenced FAR provisions.
Agency
Support the contracting officer in maintaining procurement integrity, classification controls, and consistent debriefing practices. The agency must ensure its public communications and internal procedures align with the limited disclosure rules for A-E selections.
Architect-Engineer Firms
Participate in debriefings after final selection and use the information provided to understand the selection outcome. Firms should recognize that the government’s public disclosures will be limited and that debriefing rights and content are narrower in some respects than in other procurement types.
Practical Implications
This section prevents premature or overly detailed public disclosure during A-E negotiations, which helps protect the integrity of the selection process and reduces the risk of protests or confusion.
Contracting officers should be careful not to describe the project too specifically in press releases or notices; the rule allows only general descriptions unless classification rules apply.
If the highest rated firm is not ultimately awarded the contract, the agency may publicly explain the shift to the next firm, but it should avoid discussing sensitive negotiation details.
Debriefings are an important communication tool in A-E procurements, but they are not identical to debriefings in other negotiated acquisitions; staff must apply the correct FAR references and remember the express exception to FAR 15.506(d)(2) through (d)(5).
Award announcements should wait until award is actually made, and then be handled under the standard public release rules in FAR 5.401 rather than as part of the selection announcement.
Official Regulatory Text
(a) After final selection has taken place, the contracting officer may release information identifying only the architect-engineer firm with which a contract will be negotiated for certain work. The work should be described in any release only in general terms, unless information relating to the work is classified. If negotiations are terminated without awarding a contract to the highest rated firm, the contracting officer may release that information and state that negotiations will be undertaken with another (named) architect-engineer firm. When an award has been made, the contracting officer may release award information (see 5.401 ). (b) Debriefings of successful and unsuccessful firms will be held after final selection has taken place and will be conducted, to the extent practicable, in accordance with 15.503 , 15.506 (b) through (f), and 15.507 (c). Note that 15.506 (d)(2) through (d)(5) do not apply to architect-engineer contracts.