---
title: "Mark solicitation records for a Freedom of Information Act request and for submitter notice"
url: "https://ailawframework.com/practice/government-procurement-and-tendering/assess-tender-documents-for-release-under-an-foi-request-and-consult-the/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A50-E20261018-3-US"
practice_area: "Government Procurement & Tendering"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Mark solicitation records for a Freedom of Information Act request and for submitter notice

> 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.…

Canonical page: https://ailawframework.com/practice/government-procurement-and-tendering/assess-tender-documents-for-release-under-an-foi-request-and-consult-the/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Government Procurement & Tendering](https://ailawframework.com/practice/government-procurement-and-tendering.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Assess tender documents for release under an FOI request and consult the supplier](https://ailawframework.com/practice/government-procurement-and-tendering/assess-tender-documents-for-release-under-an-foi-request-and-consult-the.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- A supplier's confidentiality legend is a flag for the lawyer. It is not a determination that Exemption 4 applies.
- The competitive-harm wording in the presidential order printed with the statute is not a statement of the current judicial test. The lawyer confirms the current standard.

## Sources

- [5 U.S.C. § 552 (Freedom of Information Act, including Exemption 4)](https://www.law.cornell.edu/uscode/text/5/552) (checked 2026-10-22)
- [FAR 15.306(e), Limits on exchanges with offerors](https://www.acquisition.gov/far/15.306) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*