Freedom of Information Act (FOIA)

Definition

The Freedom of Information Act (FOIA), 5 U.S.C. § 552, provides the public with a right of access to records held by federal executive-branch agencies, subject to nine statutory exemptions. Exemption 4 covers trade secrets and confidential commercial information, the category most relevant to contractors. Agencies process FOIA requests on a first-in, first-out basis and often redact proposals, past performance questionnaires, and source-selection records before release. Contractors are entitled to reverse-FOIA review of their data before agency disclosure.

Why It Matters

Competitor intelligence is routinely gathered through FOIA. Winning proposals, debriefing records, PWS drafts, and evaluation notices are frequently released (with redactions). Contractors should consider FOIA two ways: first, as a tool to understand how competitors won recent awards; second, as a risk to be managed by clearly marking confidential commercial information in every proposal submission per FAR 3.104 and reviewing Exemption 4 assertions when agencies notify them of a request.

Example

A firm files a FOIA request for a winning proposal from a recent re-compete, receives a redacted version six months later, and uses the pricing approach and technical narrative to strengthen its own capture plan for the next cycle.

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