[Federal Register Volume 62, Number 1 (Thursday, January 2, 1997)]
[Rules and Regulations]
[Pages 256-257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33208]


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DEPARTMENT OF DEFENSE
48 CFR Parts 6, 15, and 24

[FAC 90-45; FAR Case 96-326; Item IV]
RIN 9000-AH46


Federal Acquisition Regulation; Freedom of Information Act

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council have agreed on a final rule to amend 
the Federal Acquisition Regulation (FAR) to implement Section 821 of 
the Fiscal Year 1997 Defense Authorization Act (Public Law 104-201). 
Section 821 prohibits, with certain exceptions, Government release of 
competitive proposals under the Freedom of Information Act. This 
regulatory action was not subject to Office of Management and Budget 
review under Executive Order 12866, dated September 30, 1993. This is 
not a major rule under 5 U.S.C. 804.

EFFECTIVE DATE: January 1, 1997.

FOR FURTHER INFORMATION CONTACT: Mr. Jack O'Neill at (202) 501-3856 in 
reference to this FAR case. For general information, contact the FAR 
Secretariat, Room 4035, GS Building, Washington, DC 20405 (202) 501-
4755. Please cite FAC 90-45, FAR case 96-326.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule amends FAR Subpart 24.2, Freedom of Information Act 
(5 U.S.C. 552), to add a new section 24.202, Prohibitions. This new 
section implements section 821 of Public Law 104-201 by prohibiting, 
with certain exceptions, the release of proposals submitted in response 
to competitive solicitations. The rule also amends FAR sections 6.305 
and 15.1006 to provide appropriate cross-references. (Note: The change 
to 15.804-5 that implements this rule in part is made under FAR case 
96-306.)

B. Regulatory Flexibility Act

    This final rule does not constitute a significant FAR revision 
within the meaning of FAR 1.501 and Public Law 98-577, and publication 
for public comments is not required. However, comments from small 
entities concerning the affected FAR subpart will be considered in 
accordance with 5 U.S.C. 610. Such comments must be submitted 
separately and cite 5 U.S.C. 601, et seq. (FAC 90-45, FAR case 96-326), 
in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose recordkeeping or information collection 
requirements, or collections of information from offerors, contractors, 
or members of the public which require the approval of the Office

[[Page 257]]

of Management and Budget under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 6, 15, and 24

    Government procurement.

    Dated: December 24, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

    Therefore, 48 CFR Parts 6, 15, and 24 are amended as set forth 
below:
    1. The authority citation for 48 CFR Parts 6, 15, and 24 continues 
to read as follows:

    Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 6--COMPETITION REQUIREMENTS

    2. Section 6.305 is amended in paragraph (1) by revising the third 
sentence to read as follows:


6.305  Availability of the justification.

    (1) * * * Contracting officers shall also be guided by the 
exemptions to disclosure of information contained in the Freedom of 
Information Act (5 U.S.C. 552) and the prohibitions against disclosure 
in 24.202 in determining whether other data should be removed.
* * * * *

PART 15--CONTRACTING BY NEGOTIATION

    3. Section 15.1006 is amended in paragraph (e) introductory text by 
revising the second sentence to read as follows:


15.1006  Postaward debriefing of offerors.

* * * * *
    (e) * * * Moreover, debriefing shall not reveal any information 
prohibited from disclosure by 24.202 or exempt from release under the 
Freedom of Information Act, including--
* * * * *

PART 24--PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION


24.202  [Redesignated as 24.203]

    4. Section 24.202 is redesignated as 24.203 and a new section 
24.202 is added to read as follows:


24.202  Prohibitions.

    (a) A proposal in the possession or control of the Government, 
submitted in response to a competitive solicitation, shall not be made 
available to any person under the Freedom of Information Act. This 
prohibition does not apply to a proposal, or any part of a proposal, 
that is--
    (1) In the possession or control of NASA or the Coast Guard; or
    (2) Set forth or incorporated by reference in a contract between 
the Government and the contractor that submitted the proposal. (See 10 
U.S.C. 2305(g) and 41 U.S.C. 253b(m).)
    (b) No agency shall disclose any information obtained pursuant to 
15.804-5(b) that is exempt from disclosure under the Freedom of 
Information Act. (See 10 U.S.C. 2306a(d)(2)(C) and 41 U.S.C. 
254b(d)(2)(C).)

[FR Doc. 96-33208 Filed 12-31-96; 8:45 am]
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