American Small Business League v. Department of Defense

INTRODUCTION

21 In this FOIA action, defendants and intervenor move for summary judgment. For the 22 reasons stated below, the motion is GRANTED IN PART and DENIED IN PART. 23

STATEMENT

24 A prior order dated March 8 has set forth the detailed background of this action (Dkt. 25 No. 58). In brief, plaintiff American Small Business League, a non-profit organization that 26 promotes the interests of small businesses, seeks the release of various documents related to 27 defendant United States Department of Defense’s Comprehensive Subcontracting Plan Test 28 1 Program (“Test Program”). This program, which Congress authorized in 1990 in an effort to 2 increase subcontracting opportunities for small businesses, allows prime contractors to submit a 3 single annual “comprehensive subcontracting plan” to identify all subcontract amounts awarded 4 to small businesses on government contracts. Participation in the Test Program is voluntary 5 (Dkt. No. 107-1 ¶¶ 4–5, 8). 6 The Defense Contract Management Agency (“DCMA”) manages the Test Program for 7 the DOD. It conducts an annual review, known as the “640 compliance review,” of each 8 contractor’s compliance with policy…