[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]
BILLING CODE 6820-EP-P
