Policy
Contracting officers must follow agency-specific FOIA procedures and consult FOIA officials to ensure proper handling of public records requests and exemptions.
Overview
FAR 24.203 outlines the policy for handling public requests for agency records under the Freedom of Information Act (FOIA). It emphasizes that agencies must follow strict timelines for responding to requests, and certain records are exempt from disclosure, such as classified information, trade secrets, and personal data. Each agency has its own implementing regulations, referenced in the Code of Federal Regulations and in subpart 24.2. Contracting officers may receive FOIA requests and must be aware of the applicable exemptions and agency-specific procedures. Because FOIA issues can be complex and subject to evolving legal interpretations, contracting officers are advised to consult their agency’s FOIA officials and, if necessary, seek further guidance from the Department of Justice’s Office of Information and Privacy. Additional FOIA resources are available online through the DOJ.
Key Rules
- Agency FOIA Implementation
- Agencies must make records available upon request, subject to exemptions, and follow their own implementing regulations.
- Exemptions to Disclosure
- Common exemptions include classified information, trade secrets, confidential commercial or financial information, internal memoranda, and personal or medical data.
- Contracting Officer Responsibilities
- Contracting officers must comply with agency-specific FOIA regulations and seek guidance from FOIA officials when handling requests.
Responsibilities
- Contracting Officers: Must identify applicable exemptions, follow agency FOIA procedures, and consult FOIA officials as needed.
- Contractors: Should be aware that information provided to the government may be subject to FOIA requests and possible disclosure unless exempted.
- Agencies: Must maintain and implement FOIA procedures, provide guidance to contracting officers, and coordinate with the Department of Justice as needed.
Practical Implications
- This section ensures transparency while protecting sensitive information. Contracting officers must balance public access with legal exemptions and agency policy. Failure to follow proper procedures can result in unauthorized disclosure or legal challenges. Staying current with agency guidance and FOIA resources is essential for compliance.