Overview
This section outlines the agency's obligations under the Freedom of Information Act (FOIA) to provide public access to records, while establishing the framework for exempting sensitive information from disclosure. It specifically guides contracting officers on navigating the complexities of FOIA requests through agency-specific regulations and expert consultation.
Key Rules
- Agency Compliance: Agencies must adhere to strict time standards for public record requests and follow specific implementation rules found in their respective titles of the Code of Federal Regulations (CFR).
- Common Exemptions: Records may be exempt from disclosure if they involve:
- Classified information.
- Trade secrets or confidential commercial/financial information.
- Interagency or intra-agency memoranda.
- Personal or medical information.
- Agency personnel practices and law enforcement records.
- Mandatory Consultation: Contracting officers are cautioned against making independent determinations on complex requests; they must comply with agency-specific regulations and seek guidance from designated FOIA officials.
- Legal Resources: Authorized officials may seek additional assistance from the Department of Justice (DOJ), Office of Information and Privacy, and utilize DOJ-provided FOIA reference materials.
Practical Implications
- Protection of Proprietary Data: In the real world, this ensures that a contractor’s sensitive pricing and technical strategies are protected from competitors, provided they fall under the "trade secrets and confidential commercial information" exemption.
- Procedural Rigor: Contracting officers act as gatekeepers but rarely as final arbiters; they must coordinate with legal counsel and FOIA offices to avoid improper disclosure of information that could lead to litigation or security breaches.