---
kind: "section"
citation: "48 C.F.R. § 3415.209"
title: "48"
number: "3415.209"
heading: "Solicitation provisions and contract clauses."
url: "https://uscodex.org/cfr/48/3415.209"
---

# §3415.209. Solicitation provisions and contract clauses.

- (a) The Freedom of Information Act (FOIA), [5 U.S.C. 552](/usc/5/552.md), may require ED to release data contained in an offeror's proposal even if the offeror has identified the data as restricted in accordance with the provision in FAR 52.215-1(e). The solicitation provision in 3452.215-70 (Release of restricted data) informs offerors that ED is required to consider release of restricted data under FOIA and Executive Order 12600.
- (b) The contracting officer must insert the provision in 3452.215-70, in all solicitations that include a reference to FAR 52.215-1 (Instructions to Offerors—Competitive Acquisitions).

## Notes

### Authority

Authority: 5 U.S.C. 301 and 20 U.S.C. 1018a.

### Source

Source: 88 FR 60542, Sept. 1, 2023, unless otherwise noted.