Subpart 5.4
Release of Information
FAR Subpart 5.4 ensures transparency in government contracting by establishing clear rules for releasing acquisition information while protecting sensitive and proprietary data.
Overview
FAR Subpart 5.4, "Release of Information," establishes the rules and procedures for releasing acquisition-related information to the public, Congress, and other stakeholders. It covers the general principles for information disclosure, specific protocols for responding to requests from the general public and Members of Congress, the release of long-range acquisition estimates, the exchange of acquisition information among agencies, and the public disclosure of justification documents for certain contract actions. The subpart aims to balance transparency in government contracting with the need to protect sensitive or proprietary information, ensuring that information is released in accordance with applicable laws and regulations.
Key Rules
- General Principles (5.401)
- Outlines the overarching policies for releasing information related to government acquisitions.
- Requests from the General Public (5.402)
- Specifies how agencies should handle information requests from the public, often referencing the Freedom of Information Act (FOIA).
- Requests from Members of Congress (5.403)
- Details procedures for responding to Congressional inquiries, which may differ from public requests.
- Release of Long-Range Acquisition Estimates (5.404)
- Provides guidance on when and how to release acquisition forecasts and estimates.
- Exchange of Acquisition Information (5.405)
- Encourages the sharing of acquisition information between agencies to promote efficiency and avoid duplication.
- Public Disclosure of Justification Documents (5.406)
- Requires the public posting of certain justification and approval documents for contract actions, such as those limiting competition.
Responsibilities
- Contracting Officers: Ensure proper handling and release of information in compliance with regulations; safeguard sensitive data.
- Contractors: Protect proprietary and confidential information; understand what may be disclosed.
- Agencies: Respond to information requests, maintain transparency, and comply with FOIA and other disclosure requirements.
Practical Implications
- This subpart exists to promote transparency while protecting sensitive information in federal contracting.
- It impacts daily operations by setting clear boundaries for what information can be shared and with whom.
- Common pitfalls include improper disclosure of proprietary data or failure to comply with FOIA and Congressional request protocols.