Key takeaways
- FOIA lets anyone request existing records from federal executive agencies. Every state has its own open records law for state and local agencies, school districts and many utilities.
- Vendors use records requests to see incumbent contracts, award prices, statements of work, end dates and past solicitations, which shows who to call and when.
- You generally can't get a competitor's proposal: federal law bars releasing proposals unless they're part of the signed contract, and trade secrets are protected under Exemption 4.
- Federal agencies must decide on a request within 20 working days, but backlogs are common: agencies received a record 1,707,197 FOIA requests in FY2025.
- Check free sources first. Many contract records are already online, and a narrow, polite request gets answered faster.
What FOIA and public records laws cover
The Freedom of Information Act (5 U.S.C. 552) gives anyone the right to request existing records from federal executive branch agencies, subject to nine exemptions. You don't need to say why you want them. It doesn't cover Congress, the courts, or state and local governments.
For state and local buyers, use the state's own public records or open records law. Every state has one, and they cover state agencies, counties, cities, school districts and, in many states, public utilities and special districts. Deadlines, fees and exemptions differ by state; the Reporters Committee's Open Government Guide summarizes each one.
For government sellers, records requests are a market research tool. They turn questions like "Who's the incumbent?" and "When does the contract end?" into documents you can plan around.
What vendors commonly request
| Record | Why it helps |
|---|---|
| Contracts and modifications | The signed contract, its modifications, period of performance and option years. Shows the incumbent, scope and when the work ends. |
| Award prices | What the agency agreed to pay. Navy FOIA guidance lists award prices for contracts and their modifications, and amounts actually paid, as data normally released. |
| Statements of work and specifications | What the agency actually bought, which helps you shape your pitch around their requirements. |
| Past solicitations and Q&A | Old RFPs, addenda and vendor questions, useful for predicting what the next one will ask for. |
| Invoices and spend | How much an agency spends with a vendor or in a category, and whether usage is growing. |
| Bid tabulations and award notices | Especially at state and local level: who bid, the bid amounts and who won. |
| Board and council records | Agendas, staff reports and minutes that show upcoming purchases and approvals. |
| Vendor and contract lists | Many cities, counties and school districts can produce a list of active contracts with end dates. |
What gets released varies by agency and state. Expect redactions.
What you usually can't get
| Record | Why |
|---|---|
| Competitors' proposals | FAR 24.202 says a proposal received under a competitive solicitation "shall not be made available to any person under the Freedom of Information Act," unless it is set forth or incorporated by reference in the resulting contract. |
| Trade secrets and confidential commercial information | Exemption 4 protects "trade secrets and commercial or financial information obtained from a person and privileged or confidential." Expect redactions in pricing breakdowns, technical approaches and proprietary methods. |
| Internal deliberations | Pre-decisional drafts and internal advice are often withheld under Exemption 5. |
| Personal information | Names, contact details and other personal data may be redacted under privacy exemptions. |
| New analysis | FOIA covers existing records only. An agency doesn't have to answer questions, do research or create a report for you. |
How to file a request that gets answered
- Check what's already public. Search the agency's FOIA library or electronic reading room, contract data on SAM.gov and USAspending.gov, and state or city transparency portals. OGIS advises checking the agency's website first because the information may already be public.
- Pick the right office. Agencies have many FOIA offices. Send the request to the component that holds the records, such as the contracting office or the department that runs the program.
- Describe the records precisely. Name the contract number, vendor, program, office and date range. Ask for what you need and nothing more. Narrow requests come back faster.
- State your fee category and a limit. Commercial-use requesters, which includes most vendors, pay reasonable charges for search, review and duplication. Say how much you're willing to pay without being asked first.
- Ask for electronic copies. Request records in electronic format to save time and duplication costs.
- Track and follow up. You'll usually get an acknowledgment with a tracking number. Federal agencies must decide within 20 working days and can extend by up to 10 more working days in unusual circumstances. If you're stuck, contact the agency's FOIA Public Liaison or OGIS, the federal FOIA ombudsman.
- Appeal if needed. If records are withheld or the search seems too narrow, you can file an administrative appeal. The denial letter explains how.
Sample FOIA request for a government contract
Dear FOIA Officer, Under the Freedom of Information Act (5 U.S.C. 552), I request copies of the following records: 1. Contract [number] awarded to [vendor] for [description], including all modifications and the current period of performance. 2. The statement of work or performance work statement for that contract. 3. Invoices or payment records under the contract from [start date] to [end date]. I am a commercial-use requester and agree to pay fees up to $[amount]. Please contact me before incurring higher fees. I prefer electronic copies sent to [email]. If any part of these records is withheld, please release all reasonably segregable portions and cite the exemption that applies. Thank you, [Name, company, phone, email]
For a state or local agency, cite the state's public records law instead of FOIA. Many agencies require you to use their online portal.
How to use records in sales and marketing
- Map incumbents and end dates. Contract terms and option years tell you when an agency will re-buy. Build outreach around those dates. See government contract expirations.
- Benchmark pricing. Award prices and invoices show what agencies actually pay, so you can price competitively and frame value.
- Shape your offer to real requirements. Statements of work and past RFPs show the requirements, evaluation factors and pain points to address.
- Build and prioritize target lists. Spend records and contract lists show which agencies buy in your category and how much.
- Personalize outreach. A first message that mentions the agency's current setup and timing earns more replies than a generic pitch. Keep it respectful: you're showing you did your homework, not that you've been watching them.
- Create useful marketing content. Aggregated, public-record data on what agencies buy can become benchmark reports and guides that buyers actually want.
Records requests work best alongside other buying signals such as budgets, grant awards and board agendas. See also our public-sector market research guide.
Plan for the wait
Federal agencies received 1,707,197 FOIA requests in FY2025, up 13.7% from FY2024, and processed a record 1,635,055, according to the Justice Department's FY2025 summary. With that volume, plan for some requests to take weeks or months. File early, keep requests narrow, and don't make a sales plan depend on a single response.
Records request etiquette for vendors
- Be narrow and specific. Small agencies often have one person handling records requests on top of other work.
- Don't use requests as leverage. A records request is research, not a negotiating tactic.
- Respect open solicitations. Follow the solicitation's communication rules and route questions through the named contact.
- Assume your request is public. Requests can themselves be public records, so write them as if the buyer and your competitors will read them.
How KSG helps
Kensington Sales Group turns public records and direct conversations into pipeline. Our SDRs research incumbents, contract timing and decision makers, then reach the right people before the next solicitation. Every conversation adds to the market intelligence we report back to you.
Sources
- 5 U.S.C. 552, the Freedom of Information Act
- FAR 24.202, Prohibitions (contractor proposals)
- DOJ Office of Information Policy, Summary of FY 2025 Annual FOIA Reports (July 2, 2026)
- National Archives OGIS, Filing a FOIA request
- NSWC Crane, Protection of business sensitive data under Exemption 4
- Reporters Committee for Freedom of the Press, Open Government Guide (all 50 states and DC)
- DOJ OIP, FOIA Guide: Fees and Fee Waivers
This guide is general information, not legal advice. Checked November 2, 2026.