5.402
General public
Contracting officers must process public information requests according to privacy and FOIA procedures to ensure lawful and consistent disclosure.
Overview
FAR 5.402 directs contracting officers on how to handle requests for specific information from the general public, including suppliers. It requires that such requests be processed in accordance with the procedures outlined in FAR subparts 24.1 (Protection of Individual Privacy) or 24.2 (Freedom of Information Act), depending on the nature of the information requested. This ensures that sensitive or protected information is not improperly disclosed and that all requests are handled consistently and lawfully.
Key Rules
- Processing Public Requests
- Contracting officers must process information requests from the public or suppliers using the procedures in FAR 24.1 or 24.2.
- Reference to Privacy and FOIA
- The applicable subpart (24.1 or 24.2) depends on whether the request involves individual privacy or general information under the Freedom of Information Act (FOIA).
Responsibilities
- Contracting Officers: Must identify the nature of the information request and follow the correct FAR subpart procedures to process it.
- Contractors: Should be aware that information requests may be subject to privacy or FOIA rules, and proprietary or sensitive data may be protected.
- Agencies: Must ensure contracting officers are trained on privacy and FOIA requirements and that requests are handled in compliance with federal law.
Practical Implications
- This section exists to protect sensitive information and ensure transparency where appropriate.
- It impacts daily contracting by requiring careful review and proper routing of public information requests.
- Common pitfalls include mishandling requests, failing to protect sensitive data, or not responding in accordance with legal requirements.