Use
the Freedom of Information Act (FOIA) for Market Research
The
Freedom of Information Act (FOIA)
(5 U.S.C. 552), passed into law on 04-July-1967, can be an invaluable
research tool for Federal Government contracting. FOIA applies to all
Federal agencies in the Government's Executive Branch, including
cabinet departments, military departments, Government corporations,
Government-controlled corporations, and independent regulatory
agencies--in other words, virtually all of the Government agencies who
procure goods and services.
FOIA
permits the dissemination of records as long as they do
not
fall under any of the following excluded categories:
- Data authorized
to be kept secret in the interest of national defense or foreign policy
- Records related
solely to the internal personnel rules and practices of an agency
- Data
specifically exempt from disclosure by statute
- Trade secrets
and commercial or financial information received in confidence
- Inter-agency or
intra-agency correspondence that would not be available legally to a
party other than an agency in litigation with the agency
- Personnel and
medical files and similar files, the disclosure of which would
constitute an unwarranted invasion of personal privacy
- Records or
information compiled for law enforcement purposes (such as
investigative records)
- Data contained
in or related to examination, operation, or condition reports prepared
by, on behalf of, or for the use of an agency responsible for the
regulation or supervision of financial institutions
- Geological and
geophysical information and data, including maps, concerning wells
Useful data that does not fall under the above restrictions may include
the following:
- Types
(goods/services) and amounts of contracts awarded by a specific agency
within a specified period
- Name of an
incumbent contractor and pricing data for a specified contract or
opportunity
- Current copy of
a specified contract, including any amendments
- Copies or
listing of any Contract Discrepancy Reports (CDRs) issued for an
identified contract
Generally
speaking, FOIA requests must be responded to within 20 working days,
excluding weekends and holidays, although the Government may be granted
a longer response time in light of an extensive request or other
contributing factors. It is also important to remember the Government
may require financial compensation as reimbursement for "reasonable
standard charges for document search, duplication, and review." The
Goverment may also choose to fulfill a request at no charge.
When submitting
your FOIA request, make sure you include the following:
- Clearly address
your correspondence, including the outer envelope, to the FOIA Officer
- Identify
specifically the document(s) you're requesting (e.g., "Please provide
the award, start, and completion dates; cost by contract line item; and
the contractor company's name and address for Contract ABC-123.")
- Format by which
you desire the information (i.e., Can you accept information
electronically, or must you receive a paper copy?
If you are able and willing to accept data in an electronic format, can
it be e-mailed to you, or should it be sent on a CD? What electronic
formats will be acceptable: Word? WordPerfect? Adobe? Excel? Access?)
- State your
willingness to reimburse the Government for reasonable costs (e.g., "If
it is anticipated that fees for providing the identified information to
me will exceed $XX.xx, please contact me before fulfilling this
request."
- Clearly identify
your name, your company's name and address, contact numbers (telephone
and facsimile), and e-mail address.
Use FOIA to obtain useful information and help grow your business. |
