FOIA Advisor

Q&A: business proposals submitted to the federal gov't

Q&A (2015-16)Allan BlutsteinComment

Q.  Can we see the proposals that competed against us, or partial (redacted) proposals under the FOIA?

A.  I am afraid that beyond "maybe," the answer to your question is a long and winding one.  In sum, when the government has received proposals in response to a competitive solicitation, the government may release the successful proposal information if it has been incorporated into the final contract, unless the information is protected from disclosure under Exemption 4 of the FOIA.  The government bears the burden of proving that Exemption 4 applies.  The following article on proposal information will navigate you through the issues involved fairly well.