FAR 24.2—Subpart 24.2

Authority.

FAR 24.201 explains the basic disclosure methods required by the Freedom of Information Act (FOIA), 5 U.S.C. 552, as amended. It identifies the three ways information must be made available to the public: publication in the Federal Register, allowing the public to read and copy records at convenient locations, and providing copies of reasonably described records upon request. In practice, this section is the legal foundation for how agencies make procurement-related and other agency records accessible, and it frames the default expectation that government information should be available unless a specific exemption applies. For contracting officers, program offices, and FOIA staff, the section matters because it sets the baseline for public access procedures, record availability, and response obligations. For contractors, it is important because information submitted to the government may later be requested and disclosed under FOIA, subject to applicable exemptions and protections.

Prohibitions.

FAR 24.202 sets out specific Freedom of Information Act (FOIA) prohibitions and exemptions that protect certain procurement-related information from public release. It covers three main topics: proposals submitted in response to a competitive solicitation, information obtained under FAR 15.403-3(b) that is exempt from FOIA, and dispute resolution communications protected by the Alternative Dispute Resolution Act. In practice, this section tells agencies when they must not disclose sensitive contractor or ADR information, even if a FOIA request is received. It also clarifies an important exception for proposal material that is later incorporated into a contract, because that material is no longer protected in the same way once it becomes part of the contract record. The practical significance is that contracting personnel must carefully distinguish between protected proposal content, contract terms, and other exempt information before releasing records.

Policy.

FAR 24.203 explains the policy framework for handling Freedom of Information Act (FOIA) requests in federal contracting. It identifies the core FOIA concepts that matter to acquisition personnel: how agencies must make records available to the public, the statutory time standards for agency responses, and the existence of exemptions that allow certain records to be withheld from disclosure. It also points readers to each agency’s own FOIA implementing regulations in the Code of Federal Regulations, which are incorporated by reference in the agency’s acquisition regulations at subpart 24.2. In practical terms, this section is a warning that contracting officers may receive requests for contract-related records that are not automatically releasable and may involve classified information, trade secrets, confidential commercial or financial information, interagency or intra-agency memoranda, personal or medical information, personnel matters, or law enforcement records. Because FOIA determinations can be legally complex and fact-specific, the section directs contracting officers to follow their agency’s FOIA procedures and seek guidance from the officials responsible for FOIA administration, with additional support available from the Department of Justice Office of Information and Privacy. The section exists to ensure consistent, lawful handling of public records requests while protecting sensitive information and reducing the risk of improper disclosure.