Mark solicitation records for a Freedom of Information Act request and for submitter notice
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List each passage the supplier has marked as commercial or financial information, with the page and the supplier's own words for why it was marked. Do not decide that a record is exempt and do not send a notice to the supplier.
- What the lawyer must review
- The Freedom of Information Act, 5 U.S.C. § 552(b)(4), provides that the section does not apply to trade secrets and commercial or financial information obtained from a person and privileged or confidential. The Cornell compilation of the section includes a presidential order directing the head of each executive department and agency, to the extent permitted by law, to establish procedures to notify submitters of records containing confidential commercial information when those records are requested, if the agency determines that disclosure may be required. The order as printed on that page describes confidential commercial information by reference to Exemption 4 and to a substantial-competitive-harm formulation. The tool does not apply that formulation and does not decide the exemption. The lawyer checks the agency's current FOIA regulation and the current reading of Exemption 4 before any notice is sent or any record is released. FAR 15.306(e) separately limits what Government personnel may reveal to another offeror during exchanges, including another offeror's technical solution and, without permission, another offeror's price.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Open each relied-on authority independently. Confirm its existence, current status, proposition and any quotation or pinpoint reference.
- Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.