FAR and DFARS › FAR Part 24: Protection of Privacy and Freedom of Information › Subpart 24.2

FAR 24.202 Prohibitions.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section prohibits the Government from releasing certain contractor proposals and information under the Freedom of Information Act. It protects competitive proposals in the Government's possession, information obtained under FAR 15.403-3(b), and certain alternative dispute resolution communications from FOIA disclosure. This matters because it limits when your submitted information can be publicly released.

Applies to: Government agencies holding contractor proposals and certain information

Key terms: Freedom of Information Act · competitive solicitation · proposal · alternative dispute resolution · neutral person

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) A proposal in the possession or control of the Government, submitted in response to a competitive solicitation, shall not be made available to any person under the Freedom of Information Act. This prohibition does not apply to a proposal, or any part of a proposal, that is set forth or incorporated by reference in a contract between the Government and the contractor that submitted the proposal. (See 10 U.S.C. 3309 and 41 U.S.C. 4702.)

(b) No agency shall disclose any information obtained pursuant to 15.403-3(b) that is exempt from disclosure under the Freedom of Information Act. (See 10 U.S.C. 3705(c)(3) and 41 U.S.C. 3505(b)(3).)

(c) A dispute resolution communication that is between a neutral person and a party to alternative dispute resolution proceedings, and that may not be disclosed under 5 U.S.C. 574, is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552(b)(3)).

Sections it refers to

  • 15.403-3 Requiring data other than certified cost or pricing data.

Sections that refer to it

  • 6.305 Availability of the justification.
  • 8.405-6 Limiting sources.
  • 15.403-3 Requiring data other than certified cost or pricing data.
  • 15.506 Postaward debriefing of offerors.
  • 16.505 Ordering.

← 24.201 Authority. · 24.203 Policy. →

Rule changes for FAR Part 24

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 24.202 Prohibitions · SpendQuery