These statutes may also carry a civil or criminal penalty for release. Employees involved in the source selection process shall sign a statement acknowledging the limitations on disclosure and the penalties for improper release. This would include information that, if disclosed, would put the in-house bid at a competitive disadvantage. Also, employees should note that unauthorized release of this information to competitors could put the in-house bid at a disadvantage. Potential offerors seeking information should be referred to the contracting officer who may refer questions regarding the release to the local Office of Counsel and FOIA program office.
Risk is civil fines.
This is an abbreviated list. The agency FOIA regulation is DLAR 5400.14 . It is important to remember that as documents are generated, they are likely to become the subject of FOIA requests. As the final documents are prepared, they should be prepared with the understanding that they may be released to the public in response to a FOIA request. A FOUO marking does not mean that the record will automatically be withheld from a FOIA requestor, but it provides the agency with notice of content and facilitates review.