FAR 5.403—Requests from Members of Congress.
Plain-English Summary
FAR 5.403 addresses how the Government must respond when a Member of Congress asks for information about a particular contract. It requires contracting officers to provide detailed information on request, but it also recognizes important limits when the response would disclose classified information, business confidential information, or information that could prejudice a competitive acquisition. In those sensitive cases, the contracting officer does not answer directly; instead, the proposed reply must be referred, with full documentation, to the agency head, and the legislative liaison office must be informed. In practice, this section balances congressional oversight and transparency with the Government’s duties to protect national security, proprietary contractor information, and the integrity of the procurement process. It is a procedural safeguard that helps ensure congressional inquiries are handled consistently, lawfully, and at the proper level of authority.
Key Rules
Provide detailed contract information
When a Member of Congress requests information about a particular contract, the contracting officer must give detailed information responsive to the request. The rule applies to specific contract inquiries, not general policy questions.
Protect classified information
If responding would disclose classified matter, the contracting officer must not provide the information directly. The matter must be elevated for review through the referral process.
Protect confidential business data
The contracting officer must avoid releasing business confidential information in response to a congressional request. Proprietary or sensitive contractor information requires referral rather than direct disclosure.
Avoid harming competition
If the proposed response could prejudice a competitive acquisition, the contracting officer must refer the reply instead of answering directly. This protects the fairness and integrity of ongoing or planned procurements.
Refer sensitive replies upward
When any of the protected categories are implicated, the contracting officer must send the proposed reply, with full documentation, to the agency head for decision. The contracting officer is not the final decision-maker in these cases.
Notify legislative liaison
The contracting officer must inform the agency’s legislative liaison office when a sensitive congressional request is referred. This ensures the agency coordinates its congressional communications properly.
Responsibilities
Contracting Officer
Respond to Members of Congress with detailed information about a particular contract when appropriate; identify when the requested information is classified, business confidential, or competitively sensitive; prepare the proposed reply with full documentation; refer sensitive responses to the agency head; and notify the legislative liaison office.
Agency Head
Review referred proposed replies involving classified matter, business confidential information, or information that could prejudice a competitive acquisition, and determine the appropriate response at the agency level.
Legislative Liaison Office
Be informed of referrals involving sensitive congressional requests so the agency can coordinate and manage its communications with Congress.
Member of Congress
May request detailed information regarding a particular contract; the request triggers the contracting officer’s duty to respond or, if necessary, to refer the matter for higher-level review.
Practical Implications
Contracting officers should treat congressional requests as time-sensitive and coordinate early with legal, security, and public affairs or legislative liaison staff when sensitive information may be involved.
The biggest pitfall is over-disclosure: even well-intentioned responses can improperly reveal classified, proprietary, or source-selection-sensitive information.
Another common mistake is failing to document the basis for referral; the rule requires full documentation so the agency head can make an informed decision.
Contracting officers should not assume every congressional request can be answered at their level; sensitive matters must be elevated rather than handled informally.
Agencies should have a clear internal process for routing these requests so responses are consistent, accurate, and properly cleared before release.
Official Regulatory Text
Contracting officers shall give Members of Congress, upon their request, detailed information regarding any particular contract. When responsiveness would result in disclosure of classified matter, business confidential information, or information prejudicial to competitive acquisition, the contracting officer shall refer the proposed reply, with full documentation, to the agency head and inform the legislative liaison office of the action.