24.203
Policy
When a FOIA request involves acquisition records, contracting officers should not make disclosure decisions in isolation—they must follow agency FOIA regulations and coordinate with designated FOIA officials, especially where exemptions may apply.
Overview
- FAR 24.203 establishes the policy framework for handling Freedom of Information Act (FOIA) requests that involve acquisition records. It explains that agencies must follow the FOIA statute, including rules on public access, response timelines, and exemptions from disclosure.
- For contracting professionals, the section’s main purpose is to direct contracting officers to rely on their agency’s FOIA implementing regulations and seek expert guidance when disclosure questions are complex.
Key Rules
- Agency FOIA Implementation
- The FOIA statute governs how agencies make records available to the public, sets strict response deadlines, and recognizes specific exemptions from mandatory disclosure. Each agency implements these requirements in its own regulations.
- Handling Potentially Exempt Records
- Contracting officers may receive requests for records that could be exempt from release, including classified information, trade secrets, confidential commercial or financial information, internal memoranda, and personal or medical information.
- Use of Agency FOIA Experts
- Because FOIA determinations can be legally complex, contracting officers are cautioned to follow agency procedures and obtain guidance from officials responsible for FOIA matters. Authorized officials may also seek assistance from the Department of Justice.
Responsibilities
- Contracting Officers: Follow agency FOIA regulations, identify potentially exempt records, and coordinate with designated FOIA officials before releasing sensitive information.
- Contractors: Understand that proprietary, confidential, or personal information in contract files may be subject to FOIA review and possible exemption analysis.
- Agencies: Maintain implementing regulations, ensure FOIA expertise is available, and apply statutory response standards and exemptions correctly.
Practical Implications
- This section exists to prevent improper disclosure of sensitive acquisition information while still supporting lawful public access to agency records.
- In daily practice, contractors should clearly identify proprietary or confidential information in submissions, and contracting officers should avoid making independent disclosure judgments without FOIA support.
- A common pitfall is assuming all contract records must be released or withheld without consulting agency-specific FOIA procedures.