48 C.F.R. § 24.202 : Federal Acquisition Regulations System — FEDERAL ACQUISITION REGULATION — SOCIOECONOMIC PROGRAMS — PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION — FREEDOM OF INFORMATION ACT — 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 set forth or incorporated by reference in a contract between the Government and the contractor that submitted the proposal. (See
10 U.S.C. 3309 and
41 U.S.C. 253b(m).)
(b) No agency shall disclose any information obtained pursuant to 15.403-3(b) that is exempt from disclosure under the Freedom of Information Act. (See
10 U.S.C. 3705(c)(3) and
41 U.S.C. 254b(d)(2)(C).)
(c) A dispute resolution communication that is between a neutral person and a party to alternative dispute resolution proceedings, and that may not be disclosed under
5 U.S.C. 574, is exempt from disclosure under the Freedom of Information Act (
5 U.S.C. 552(b)(3) ).