FOIA Advisor

Q&A: FOIA to government contractor?

Q&A (2018)Allan BlutsteinComment

Q.  Can I submit a FOIA request to a company (e.g., Pratt & Whitney) that implements major contracts with the government?  I am interested in the company's data concerning employee promotion statistics and the associated merit percentage increases.

A.   Submit you may, but you should not expect to receive the records that you have identified.  The federal FOIA applies to government agencies only.  Private companies that decide to contract with the federal government do not become federal agencies for FOIA purposes.  The same holds true under most state public disclosure laws with which I am familiar.  You may be able to obtain certain contractual records directly from the government agency, of course, but I doubt such information will include the company's promotion and pay information.