The Freedom of Information Act (5 U.S.C. 552, as amended). Act provides that information is to be made available to the public either by (a) publication in the Federal Register; (b) providing an opportunity to read and copy records at convenient locations; or (c) upon request, providing a copy of a reasonably described record.
The Act specifies, among other things, how agencies shall make their records available upon public request, imposes strict time standards for agency responses, and exempts certain records from public disclosure.
NOTE: As Union representing federal employees, the Union is not a commercial entity, and should request all fees be waived as the request for disclosure is in the public interest.
DOD FOIA program is decentralized. Generally each agency, base, post operate their own FOIA offices and respond directly to the public for their own records.
Who can file a FOIA request?
Any person can file a FOIA request, including U.S. citizens, foreign nationals, organization, universities, business and state and local governments.
Who is subject to FOIA?
FOIA's scope includes Federal Executive Branch Department, agency and Federal regulatory agencies and Federal Corporation. The FOIA's cover almost all data compilation, such as books, papers, maps photographs, machine readable materials, documentary materials, regardless of physical form or characteristics, made or receive by an agency of the U.S. Government under Federal law in connection with the transaction of public business in possession, and control at the time FOIA request is made.
How to file a FOIA request?
A-76 savings (as a percentage of manpower costs-both military and civilian) are deducted from the current operating cost, which results in projected available funding. This information is provided in the solicitations to ensure offerors provide realistic proposals that are within available funding. The UMD is releasable under a standard cost comparison.
The current rates deducted from the operating costs are 25% for Cost Comparisons and 10% for Direct Conversions. The projected funds basically equate to the current O&M budget plus 75% or 90% of current manpower costs.
When including military positions in the MEO, a command-level waiver to use military in an MEO is required. Use of military positions may increase the size of the MEO to a number higher than an all-civilian MEO due to additional manpower actions associated with military. The waiver must be provided before completing the in-house cost estimate.
Request a copy of the waiver, and justification for the waiver. Civilian personnel flight certification regarding the availability of civilian skills is required as part of the waiver request. Include in your request that if the waiver and memo with applicable attachments is exempt from release, that you be advise of the date the documents will be available for release. This documentation may be considered procurement sensitive information and withheld from release until after the decision is announced. However, once the cost comparison decision is announced, resubmit the FOIA request.
The public review period does not apply to direct conversions.
The administrative appeals period does not apply to direct conversions.
All competitive acquisitions (solicitations, to include statement of work (SOW)) are published on the Web site known as FedBizopps.gov. This is where all federal government business opportunities are posted. Pre-solicitations notices, draft SOWs and solicitations are issued electronically by all federal agencies (Air Force) at this web site. Contracting activities will post all their acquisition information at this site. Review the available documents on the Webb frequently. Any information made available on this web site, should not be requested under FOIA. Make copies of all documents posted on the Web site for each function being studied and maintained in separate files. The contracting officer will post questions submitted by prospective offerors and the Government response. These questions and the government response should be reviewed carefully. Involve employees with the expertise in the activity being studied. Challenge any questions not responded to accurately, request supporting documentation by FOIA if satisfactory response is not provided within a timely manner.
Request a list of the firms that responded to the sources sought announcement. The information received by the Contracting Officer is used to determine whether or not to restrict competition. The acquisition can be issued on a restricted, limiting competition to small business, or HUBZone Business, and or 8(a) firms, under a cost comparison or direct conversion.
If an unrestricted solicitation is issued, request copy of contracting officer's analysis of the market research.
Competitive Cost Comparison