Subpart 24.2
Freedom of Information Act
FAR Subpart 24.2 ensures contractors and agencies comply with FOIA while protecting proprietary and sensitive information from improper disclosure.
Overview
Subpart 24.2 of the FAR implements the Freedom of Information Act (FOIA) as it applies to federal contracting. It outlines the authority for FOIA requests, establishes prohibitions on the release of certain information, and sets forth the policy for handling public requests for government contract records. The subpart ensures that contractors and contracting officers understand their roles in protecting sensitive information while complying with public disclosure laws.
Key Rules
- Authority (24.201)
- Establishes the legal basis for applying FOIA to government contract records.
- Prohibitions (24.202)
- Specifies what types of information must not be disclosed, such as proprietary or confidential business information.
- Policy (24.203)
- Details the procedures and principles for responding to FOIA requests, emphasizing transparency while protecting sensitive data.
Responsibilities
- Contracting Officers: Must ensure that FOIA requests are handled in accordance with agency procedures and that protected information is not released.
- Contractors: Should clearly mark proprietary or confidential information and cooperate with agencies during FOIA reviews.
- Agencies: Oversee FOIA compliance, process requests, and safeguard exempt information.
Practical Implications
- This subpart exists to balance public access to government records with the need to protect sensitive contractor information.
- It impacts daily contracting by requiring careful documentation and marking of proprietary data.
- Common pitfalls include failure to properly mark confidential information or misunderstanding what can be released under FOIA.