Federal Court Permits the Government’s Forfeiture of Contractor’s Right to Keep Unit Pricing Confidential under FOIA

Venable – The United States District Court for the District of Columbia (DDC) issued a decision last week underscoring a critical point for federal contractors to keep in mind: a federal agency can effectively forfeit a contractor's right to keep financial information in their contract documents confidential by disclosing its substance in response to a request under the Freedom of Information Act (FOIA). Given the sensitivity and competitive value of contractor pricing, federal contractors should heed this decision as a warning and reminder to work closely with agencies' FOIA offices when given the opportunity to review and redact materials responsive to a FOIA request.