The government contracting process can be complex and fraught with potential misunderstandings and disagreements. In order to protect proprietary information, companies are encouraged to mark what is proprietary and what is not when submitting proposals. The government respects the rights of companies to control their proprietary data, but once federal development dollars are accepted, company rights can be altered. The government can cancel a procurement or proceed with it if proprietary data is accidentally revealed, but the affected company can file a protest if necessary. A company must be vigilant in protecting its proprietary data when working in a blended workforce, where contractors and government employees may be working together. It is important to know who has access to proprietary data and to have safeguards in place. Companies can also submit a Freedom of Information Act (FOIA) request to gain more information about competitor offers. However, the likelihood of gaining access to proprietary data through a FOIA request is low. The government also has rights to technical data and software developed during government-funded contracts. These rights can vary depending on the contract, but companies should be aware that the government may have certain rights, such as transferring technical data to a third party for advice or assistance. Companies should also be aware of copyright regulations, as they can assert copyright even for data or software developed at government expense. It is important for companies to have a clear understanding of their rights and obligations when entering into government contracts and to protect their proprietary information throughout the contracting process. Additionally, companies should be aware of potential liabilities, such as false claims and termination for default, and take steps to mitigate these risks. Overall, companies should approach government contracting with caution and ensure that they fully understand the terms and conditions of their contracts.

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