"Reverse FOIA" Redaction Services

"Reverse-FOIA" is a recognized legal process designed to protect a company's proprietary technical, pricing or other sensitive information from being released to competitors under the FOIA or State Disclosure statutes.

Key Factors & Considerations

  • Agency Mandatory Redaction Requirements contract clauses are being inserted into newly awarded contracts and Orders by a growing number of agencies (e.g. NASA, GSA, CMS ect). These requirement mandate contractors provide the agency with a copy of FOIA compliant “redacted” documents, and supporting legal argument justifying the proposed redactions. The final material will be available for public release. These requirements are becoming an increased burden on government contractor staff.

  • Agency failure to provide contractor’s mandatory Executive Order 12600 Pre-Disclosure Notification often leads to the disclosure of documents without contractor review or consent.

  • Inconsistent agency application of FOIA law often leads to the release of sensitive contractor data. Once the agency makes an adverse release determination, the contractor’s only recourse is litigation – which is expensive, and often politically not realistic.

  • Company initiated "Reverse-FOIA" programs will eliminate the erroneous disclosure of your proprietary data to competitors.

Reverse-FOIA Methodology & Approach

  • To monitor and/or obtain the FOIA Logs from specific government agencies where your company has a strong contract(s) presence. Now you will learn which competitor is seeking your contract material, and have the opportunity to submit necessary objections and comments.

  • Upon award of new contract, Order, or Modification prepare and sanitize ("redact") document for potential FOIA release, and/or upon receipt of agency notification that FOIA was filed, evaluate FOIA request and initial agency position concerning application of appropriate FOIA Exemptions.

  • Coordinate with contractor staff as appropriate to develop FOIA non-disclosure strategy.

  • Perform contract document(s) review, editing and legal redaction's to remove all proprietary data. Prepare appropriate correspondence and legal memorandum for contractor submittal to the agency.

Free Quote

For a free quotation please send us the scope of your information request or requirement to foiasupport@foia.com, or fax to (716) 608-7604. FGI staff will promptly respond. All service inquiries and quotations are confidential.