The following is the guidance provided by the Department of Justice regarding the release of unit prices pursuant to Freedom of Information Act (FOIA) requests.
Before releasing any contract unit pricing data, HUD will notify the contractor whose unit pricing data has been requested and obtain from the contractor any objections to the disclosure. Additionally, the requester must be notified that the contractor is being afforded an opportunity to object to disclosure of the information. The contractor will be given ten (10) working days to submit his/her objections.
HUD will determine if certain unit pricing data will be exempt from disclosure on a case-by-case basis. This determination hinges on whether disclosure would:
- Iimpair the government's ability to obtain necessary information in the future, or
- Cause substantial harm to the competitive position of the contractor who supplied the information.
If HUD decides to disclose the unit pricing data, he/she will provide a written notification to both the requester and the contractor of the agency's intent to disclose the unit pricing information at least ten (10) working days before disclosure. The notices will include a statement as to the reasons why HUD rejected the contractor's disclosure objections, a description of the information that will be disclosed, and the disclosure date.
A full discussion of this topic may be found on the Department of Justice web site at: http://www.usdoj.gov/oip/foiapost/2002foiapost13.htm