Overview
FAR 24.202 establishes mandatory restrictions on the release of sensitive procurement-related information, specifically prohibiting the disclosure of competitive proposals, certain pricing data, and alternative dispute resolution communications under the Freedom of Information Act (FOIA).
Key Rules
- Competitive Proposals: Agencies may not release any proposal submitted in response to a competitive solicitation under FOIA, unless that proposal (or a specific portion of it) is explicitly incorporated into the final contract.
- Pricing Data: Agencies are prohibited from disclosing information "other than certified cost or pricing data" (obtained under FAR 15.403-3(b)) if that information is already exempt from disclosure under FOIA.
- ADR Communications: Any dispute resolution communication between a neutral party and a participant in Alternative Dispute Resolution (ADR) proceedings is exempt from FOIA disclosure requirements.
- Statutory Basis: These prohibitions are backed by specific statutes, including the United States Code titles 10, 41, and 5.
Practical Implications
- Contractors receive a high degree of protection for their proprietary technical and management approaches, ensuring that competitors cannot use FOIA to "mine" unsuccessful or pending proposals for trade secrets.
- The regulation encourages transparency and honest negotiation in dispute resolutions and pricing discussions by guaranteeing that sensitive communications and non-certified data will remain confidential.