Overview
This section establishes the requirement for contracting officers to provide detailed contract information to Members of Congress while providing a formal escalation process for handling sensitive or restricted data.
Key Rules
- Mandatory Disclosure: Contracting officers (COs) are generally required to provide Members of Congress with detailed information regarding any specific contract upon request.
- Protected Information Categories: Direct disclosure by the CO is restricted if the information involves classified matter, business confidential information, or data that could prejudice a competitive acquisition.
- Escalation Protocol: When sensitive information is involved, the CO must refer the proposed response and all supporting documentation to the agency head rather than releasing it directly.
- Internal Coordination: The CO must notify the agency’s legislative liaison office whenever a response is referred to the agency head due to sensitivity concerns.
Practical Implications
- Contracting officers must balance the constitutional oversight role of Congress with the statutory obligation to protect a contractor’s proprietary information and maintain the integrity of the procurement process.
- Contractors should ensure that proprietary information is clearly marked, as this section triggers a higher-level administrative review before such data is shared with legislative offices.