FAR 24.203—Policy.
Plain-English Summary
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.
Key Rules
FOIA governs public access
Agencies must make records available to the public upon request, subject to the FOIA’s requirements. The statute also imposes strict time limits for agency responses and establishes exemptions for records that may be withheld.
Agency regulations control implementation
Each agency’s FOIA procedures are found in its own CFR title and are referenced in the agency’s acquisition regulations under subpart 24.2. Contracting officers must use those agency-specific rules, not just the general FAR text.
Some records may be exempt
Requests may involve records exempt from mandatory disclosure, especially classified information, trade secrets, confidential commercial or financial information, interagency or intra-agency memoranda, and personal or medical information. Other possible exemptions include personnel-related records and law enforcement records.
Contracting officers must seek guidance
Because FOIA requests often require detailed legal and policy analysis, contracting officers are cautioned to comply with their agency’s implementing regulations and obtain guidance from the agency officials responsible for FOIA matters.
Escalate complex issues when needed
If agency-level assistance is not enough, authorized agency officials may contact the Department of Justice, Office of Information and Privacy. DOJ FOIA reference materials are also available for additional guidance.
Responsibilities
Contracting Officer
Recognize FOIA requests for contract-related records, avoid making ad hoc disclosure decisions, follow the agency’s FOIA implementing regulations, and refer or elevate requests involving possible exemptions or sensitive records to the proper FOIA officials.
Agency FOIA Officials
Provide the controlling guidance for processing requests, determine how FOIA exemptions apply, coordinate responses, and seek DOJ assistance when necessary.
Agency
Maintain and publish its FOIA implementing regulations in the CFR, ensure those rules are referenced in its acquisition regulations, and administer public-records responses within FOIA’s time standards.
Department of Justice, Office of Information and Privacy
Provide advisory assistance to authorized agency officials on difficult FOIA issues and serve as a resource for FOIA policy guidance and reference materials.
Requesting Public/FOIA Requester
Submit requests for agency records under FOIA and receive responses subject to statutory deadlines and applicable exemptions.
Practical Implications
Contracting officers should not assume that contract files, source selection materials, or correspondence are automatically releasable; many records may contain exempt information that must be reviewed before disclosure.
FOIA handling is time-sensitive, so delays in routing requests to the right FOIA office can create compliance problems and missed statutory deadlines.
A common pitfall is releasing proprietary, source-selection, or personal information without checking whether a FOIA exemption applies and whether redaction is required.
Because the controlling procedures are agency-specific, contractors and contracting officers should always consult the agency’s FOIA regulation and internal guidance rather than relying only on the FAR text.
When a request is complex or controversial, early coordination with the agency FOIA office is essential to avoid inconsistent responses and improper disclosure.
Official Regulatory Text
(a) The Act specifies, among other things, how agencies shall make their records available upon public request, imposes strict time standards for agency responses, and exempts certain records from public disclosure. Each agency’s implementation of these requirements is located in its respective title of the Code of Federal Regulations and referenced in subpart 24.2 of its implementing acquisition regulations. (b) Contracting officers may receive requests for records that may be exempted from mandatory public disclosure. The exemptions most often applicable are those relating to classified information, to trade secrets and confidential commercial or financial information, to interagency or intra-agency memoranda, or to personal and medical information pertaining to an individual. Other exemptions include agency personnel practices, and law enforcement. Since these requests often involve complex issues requiring an in-depth knowledge of a large and increasing body of court rulings and policy guidance, contracting officers are cautioned to comply with the implementing regulations of their agency and to obtain necessary guidance from the agency officials having Freedom of Information Act responsibility. If additional assistance is needed, authorized agency officials may contact the Department of Justice, Office of Information and Privacy. A Freedom of Information Act guide and other resources are available at the Department of Justice website under FOIA reference materials: https://www.usdoj.gov/oip .