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Are evaluations releasable under the Freedom of Information Act (FOIA)?

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Are evaluations releasable under the Freedom of Information Act (FOIA)?

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Contractor performance information is privileged source selection information. It is also protected by the Privacy Act and is not releasable under the Freedom of Information Act. Performance assessments may be withheld from public disclosure under Exemption 5 of the Freedom of Information Act. Further, Federal Acquisition Regulation (FAR) Subpart 42.1503 (b) states: “The completed evaluation shall not be released to other than Government personnel and the contractor whose performance is being evaluated during the period the information may be used to provide source selection information.” When a FOIA request is received for CCASS records, the unit FOIA office must refer the request to the CCASS focal point for coordination. The CCASS Program Manager at the Naval Sea Logistics Center, Portsmouth, NH, must also be notified via the Help Desk at DSN: 684-1690, Comm: 207-438-1690, or email to: webptsmh@navy.mil.

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