National Aeronautics and
 

Space Administration
 

John H. Glenn Research Center 

Lewis Field 

Cleveland,OH 44135-3191 

Replyto Attn of: X JAN 21 2009 

FedSources, Inc. 

Attn: QuincyWilkins 

8400 Westpark Drive, 4th Floor 

McLean, VA 22102 

Subject: Freedom of Information Act Request No. GRC-09-005 

This letter is to advise you that a releasability determination regarding the NASA Glenn 

Research Center's contract NNC09BA02B with Zin Technologies has been made. This 

determination has taken into consideration the relevant statutes, case law, and guidance, as 

well as comments received from the Contracting Officer and the submitter. Accordingly, 

it is my decision to partially deny your request. The basis for this partial denial is set 

forth below. 

The contract and attachments J-l through J-3 will be released in full, and a copy is 

attached hereto. Attachment J-4 ofthis contract entitled "Bid Labor Rates" has been 

identified as exempt from release under Exemption 4 ofthe FOIA, 5 U.S.C § 552(b). 

The bid labor rates and Zin Technologies indirect rates listed in attachments J-4 are 

exempt from release under Exemption 4 ofthe FOIA as "commercial information, and 

obtained from a person, as privileged or confidential." This information reveals the 

unique methods, procedures, and/or techniques employed by the contractor to accomplish 

the contract, and therefore, is considered to be confidential. The initial determination has 

been made that the information is exempt from release under the Freedom of Information 

Act, 5 U.S.C. § 552(b)(4). 

In order to properly and effectively conduct procurements, it is necessary for the 

Government to obtain detailed technical, financial, and commercial data. Only through 

evaluation of complete and accurate data ofthis type can the Government hope to 

negotiate an agreement that best meets its requirements, both cost and technical. It is 

mandatory that the federal procurement process be handled in a manner that fosters and 

promotes uninhibited transmission of confidential material. In short, public disclosure of 

this information would undermine the integrity ofthe federal procurement process. 

In addition to protecting the Government's ability to obtain necessary information, 

exemption (b)(4) protects the competitive position of submitters. Disclosure ofthe 
requested information could cause substantial competitive injury to the submitter because 

it would reveal insights into their business practices. Again, public disclosure of this 

information would undermine the integrity ofthe federal procurement process. 

There is no charge for providing you this information, 

You may appeal this initial determination to the NASA Administrator. Your appeal must 

(1) be addressed to the Administrator, National Aeronautics and Space (NASA), Mail 

Stop: P, 300 E. Street SW, Washington, DC 20546; (2) be clearly identified on the 

envelope and in the letter as an "Appeal under the Freedom of Information Act (FOIA)"; 

(3) include a copy ofthe request for the Agency record and a copy ofthis initial detennination; (4) to the extent possible, state the reasons why you believe this decision should be 

reversed; and (5) be sent to the Administrator within 30 calendar days ofthe date ofthe 

receipt of this initial determination. 

If you need further assistance, please contact Angela Pierce, FOIA Officer, at (216) 

433-2813 or via e-mail at foia@grc.nasa.gov. 

..,JJ)R~--)

Howa d D. Ross 

Actin irector of External Programs