5.403
Requests from Members of Congress
Contracting officers must provide contract details to Congress upon request, but must escalate and protect sensitive or classified information.
Overview
FAR 5.403 outlines the procedures contracting officers must follow when Members of Congress request information about specific government contracts. The regulation requires contracting officers to provide detailed contract information upon request, unless the information is classified, business confidential, or could harm competitive acquisition. In such cases, the contracting officer must escalate the matter to the agency head and notify the legislative liaison office, ensuring sensitive information is protected while maintaining transparency with Congress.
Key Rules
- Disclosure to Congress
- Contracting officers must provide detailed contract information to Members of Congress upon request.
- Protection of Sensitive Information
- If the requested information is classified, business confidential, or could prejudice competition, the contracting officer must not disclose it directly but refer the matter to the agency head and inform the legislative liaison office.
Responsibilities
- Contracting Officers: Respond to Congressional requests for contract information, escalate sensitive requests to the agency head, and notify the legislative liaison office.
- Contractors: Be aware that contract details may be shared with Congress, except for protected information.
- Agencies: Oversee the release of sensitive information and ensure proper coordination with legislative liaison offices.
Practical Implications
- This section ensures Congressional oversight while protecting sensitive or proprietary information.
- Contracting officers must balance transparency with legal and competitive protections.
- Failure to follow escalation procedures can result in unauthorized disclosure or compliance issues.