National Aeronautics and 

Space Administration 

John H. Glenn Research Center 

Lewis Field 

Cleveland, OH 44135-3191 

x Reply to Attn of: 

FedSourccs, Inc.
 

Attn: Rajitha UppalJi
 

8400 Westpark Drive, 41h Floor
 

McLean, VA 22102
 

Subject: Freedom ofInformation Act Request No. GRC-08-055 

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

1\fNC08BA09B including attachments 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. Accordingly, it is my decision to partially deny your 

request. The basis for this partial denial is set forth below. 

The following information listed in the contract has been identitied as exempt from 

release under Exemption 4 ofthe FOIA, 5 U.S.C § 552(b): 

Contract NNC08BA09B: 

- Pages 2 and 3; Clause 8.2 entitled "Hourly Rates and Contract Ceiling Price". The hourly rates 

for YRI through YR5. 

- Attachment I entitled "Site Specific Safety and Health Plan" (14 pages). 

- Attachment J entitled "Organizational Conflicts of Interest Avoidance Plan" (7 pages). 

The information identified above is exempt from release under Exemption 4 of the 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 ofInformation 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 of this 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 of the 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 of the federal procurement process. 

The itemized charges for furnishing you this material are as follows: 

CD: $ 25.00 

Search/Review: 7.50 (.25 hrs. @ $7.5011/4 hr. Professional) 

Review (Attorney): 11.25 (.25 hr @ $11.25/114 hr. Attorney) 

Total $ 43.75 

Payment should be made through Pay.gov. Pay.gov has been developed to meet the 

Financial Management Services commitment to process collections electronically using 

Internet technologies. Please refer to the attached document detailing the process for 

submitting payment for the fees incurred to process this FOIA request. 

Please be advised that the amount due must be paid in full within 30 days. The 30-day 

period will begin three days after the date of this letter. In remitting payment, please 

reference FOIA request GRC-08-055. 

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 of the request for the Agency record and a copy of this initial determination; (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 of the date of the 

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. 

How rd D. Ross 

Acting Director of External Programs