Diz Locaria, James Boland, and Chris Griesedieck published “Federal Court Permits Government’s Forfeiture of Contractor’s Right to Keep Unit Pricing Confidential Under FOIA” in the September 2021 issue of Government Contracting Law Report. The following is an excerpt:
The recent decision by the U.S. District Court for the District of Columbia (the “Court”) in Judicial Watch, Inc. v. U.S. Dep’t of Health & Human Servs. underscores a critical point for federal contractors to keep in mind: A federal agency can effectively forfeit a contractor’s right to keep financial information in their contract documents confidential by disclosing its substance in response to a request under the Freedom of Information Act (“FOIA”). Given the sensitivity and competitive value of contractor pricing, federal contractors should heed this decision as a warning and reminder to work closely with agencies’ FOIA offices when given the opportunity to review and redact materials responsive to a FOIA request.