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FIA-14-0016 - In the Matter of Don Joiner

On March 13, 2014, the Office of Hearings and Appeals (OHA) issued a decision denying an (Appeal) from a Freedom of Information Act (FOIA) determination issued by the Idaho Operations Office (IOO). The Appellant appealed the IOO’s determination that the requested winning bid amount on a subcontract was not an agency record. IOO informed OHA that the requested information was maintained by its contractor, Battelle Energy Alliance (BEA), as BEA created the records with that information and DOE has not received them. Moreover, pursuant to the contract between DOE and BEA, DEAR 970-5204-3, clause (b)(3), the winning bid amount is also deemed part of a contractor-owned record. Thus, OHA concluded that the requested winning bid amount was not an agency record and denied the Appeal.