FOIA (Freedom Of Information Act)

What is FOIA (Freedom Of Information Act)?

The Freedom of Information Act (FOIA) is a federal law that provides the public with the right to request access to federal agency records. In the context of government contracting, FOIA requests can significantly impact transparency and data accessibility related to contract awards, performance, and other key information.

Definition

FOIA, enacted in 1966, mandates that federal agencies disclose any information requested by the public, unless it falls under one of nine exemptions that protect interests such as national security, privacy, and trade secrets. Government contractors are affected because the information they provide to federal agencies, including proposals, contract terms, and performance data, can be subject to FOIA requests. Therefore, understanding FOIA is crucial for contractors to manage the potential disclosure of sensitive business information and comply with related regulations. The legal basis for FOIA is codified in 5 U.S.C. § 552.

Key Points

• Right to Access: FOIA grants any person the right to request government information, regardless of citizenship.
• Agency Responsibilities: Federal agencies are obligated to respond to FOIA requests within specific timeframes, typically 20 working days.
• Exemptions: Nine exemptions allow agencies to withhold information that could harm national security, trade secrets, personal privacy, law enforcement, or other protected interests.
• Redaction: Agencies may redact portions of documents before releasing them to protect exempt information.

Practical Examples

1. Competitor Intelligence: A competitor submits a FOIA request to obtain your proposal for a government contract. If your proposal isn't properly marked with proprietary information claims, it could be released, giving your competitor valuable insight into your strategies and pricing.
2. Contract Performance Data: A journalist files a FOIA request seeking information about a contractor's performance on a specific project. The agency may be required to release performance evaluations, progress reports, and other related documents, potentially impacting the contractor's reputation.
3. Pricing Disclosures: A citizen requests access to the pricing information for a government contract. The agency must review the request and determine if the pricing information constitutes a trade secret or other exempt information that should be withheld.