5 USC 552(b)(4)

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5 USC 552(b)(4)

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32 CFR 806.31 - Requirements of 5 U.S.C. 552(b)(4) to submitters of nongovernment contract-related information. - Code of Federal Regulations - Title 32: National Defense - PART 806: AIR FORCE FREEDOM OF INFORMATION ACT PROGRAM - Id 19754297 - vLex
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32 CFR 806.31 - Requirements of 5 U.S.C. 552(b)(4) to
submitters of nongovernment contract-related information.

Code of Federal Regulations - Title 32: National Defense
Updated to: July 01, 2010

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Title 32: National Defense
Subtitle A: Department of Defense (Continued)
CHAPTER VII: DEPARTMENT OF THE AIR FORCE
SUBCHAPTER A: ADMINISTRATION
PART 806: AIR FORCE FREEDOM OF INFORMATION ACT PROGRAM
806.31 - Requirements of 5 U.S.C. 552(b)(4) to submitters of nongovernment contractrelated information.
(a) The FOIA requires federal agencies to provide their records, except those specifically
exempted, for the public to inspect and copy. Section (b) of the Act lists nine exemptions
that are the only basis for withholding records from the public.
(b) In this case, the fourth exemption, 5 U.S.C. 552(b)(4), may apply to records or
information the Air Force maintains. Under this exemption, agencies must withhold trade
secrets and commercial or financial information they obtained from a person or
organization outside the government that is privileged or confidential. This generally
includes information provided and received during the contracting process with the
understanding that the Air Force will keep it privileged or confidential.
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(c) Commercial or financial matter is ?confidential? and exempt if its release will probably:
(1) Impair the government's ability to obtain necessary information in the future.
(2) Substantially harm the source's competitive position or impair some other legitimate
government interest such as compliance and program effectiveness.
(d) Applicability of exemption. The exemption may be used to protect information provided
by a nongovernment submitter when public disclosure will probably cause substantial harm
to its competitive position. Examples of information that may qualify for this exemption
include:

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(1) Commercial or financial information received in confidence with loans, bids, contracts, or
proposals, as well as other information received in confidence or privileged, such as trade
secrets, inventions, discoveries, or other proprietary data.
Note:
Certain proprietary and source selection information may also fall under exemption (b)(3),
under the provisions of 10 U.S.C. 2305(g) or 41 U.S.C. 423, if statutory requirements are
met.
(2) Statistical data and commercial or financial information concerning contract
performance, income, profits, losses, and expenditures, offered and received in confidence
from a contractor or potential contractor.
(3) Personal statements given during inspections, investigations, or audits, received and
kept in confidence because they reveal trade secrets or commercial or financial information,
normally considered confidential or privileged.

(4) Financial data that private employers give in confidence for local wage surveys used to set and adjust pay schedules for the prevailing wage
rate of DoD employees.
(5) Information about scientific and manufacturing processes or developments that is technical or scientific or other information submitted with a
research grant application, or with a report while research is in progress.
(6) Technical or scientific data a contractor or subcontractor develops entirely at private expense, and technical or scientific data developed
partly with Federal funds and partly with private funds, in which the contractor or subcontractor retains legitimate proprietary interests per 10
U.S.C. 2320 to 2321 and 48 CFR, Chapter 2, 227.71-227.72.
(7) Computer software copyrighted under the Copyright Act of 1976 (17 U.S.C. 106), the disclosure of which would adversely impact its potential
market value.
(e) Submitter's Written Response. If release of the requested material would prejudice your commercial interests, give detailed written reasons
that identify the specific information and the competitive harm public release will cause to you, your organization, or your business. The act
requires the Air Force to provide any reasonably segregable part of a record after deleting exempt portions. If deleting key words or phrases
would adequately protect your interests, advise us in writing which portions you believe we can safely release, and which portions you believe we
need to withhold from release. If you do not provide details on the probability of substantial harm to your competitive position or other
commercial interests, which would be caused by releasing your material to the requester, we may be required to release the information. Records
qualify for protection on a case by case basis.
(f) Pricing Information. Generally, the prices a contractor charges the government for goods or services would be released under the FOIA.
Examples of releasable data include: bids submitted in response to an invitation for bids (IFB), amounts actually paid by the government under a
contract, and line item prices, contract award price, and modifications to a contract. Unit prices contained in a contract award are considered
releasable as part of the post award notification procedure prescribed by 48 CFR 15.503, unless they are part of an unsuccessful proposal, then
10 U.S.C. 2305(g) protects everything including unit price.

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This document cites
U.S. Code - Title 10: Armed Forces - 10 USC 2320 - Sec. 2320. Rights in technical data
U.S. Code - Title 10: Armed Forces - 10 USC 2305 - Sec. 2305. Contracts: planning, solicitation, evaluation, and award procedures
US Code - Title 41: Public Contracts - 41 USC 423 - Sec. 423. Restrictions on disclosing and obtaining contractor bid or proposal information
or source selection information
U.S. Code - Title 17: Copyrights - 17 USC 106 - Sec. 106. Exclusive rights in copyrighted works
U.S. Code - Title 5: Government Organization and Employees - 5 USC 552 - Sec. 552. Public information; agency rules, opinions, orders,
records, and proceedings
See all quotations
Code of Federal Regulations - Title 48: Federal Acquisition Regulations System - 48 CFR 15.503 - Notifications to unsuccessful offerors.

See other documents that cite the same legislation

File Type	application/pdf
File Title	32 CFR 806.31 - Requirements of 5 U.S.C. 552(b)(4) to submitters of nongovernment contract-related information. - Code of Federa
File Modified	2012-01-04
File Created	2012-01-04