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FREEDOM OF INFORMATION ACT (FOIA)
Occasionally a prospective contractor planning to participate in an A-76 study contract solicitation may request current information on the announced functions, such as lists of current employees' names, job titles, work stations, prior year budgets, etc.
First, if a FOIA inquiry is received by anyone but the FOIA office, it needs to be forwarded to the applicable organizational FOIA Officer. This will allow the FOIA Officer to make a decision based on all aspects within the organization.
This situation first occurred in an A-76 study conducted in the early 1980s. A decision of the United States District Court for the District of Columbia gives legal precedent to withholding such information from FOIA requesters until the A-76 study is complete. Dated May 3, 1984, it is referenced Civil Action No. 83-2835, MORRISON-KNUDSEN, Plaintiff, vs DEPARTMENT OF THE ARMY OF THE UNITED STATES, ET AL, Defendants.
In short, don't give out any personnel or cost information for functions announced for A-76 study. In fact, I think a case could be made to withhold such information for all functions listed on your annual Inherently Governmental and Commercial Activities (CA) Inventory as eligible for an A-76 study. Just because a function is not now announced doesn't mean it won't be shortly.
A smart "FOIA requester" could come to you for data on all of your inventoried A-76 eligible functions. How inaccurate would that data be two years from now? I doubt if much will have changed.
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