; and (B) past performance information about the contractor to the extent available. (2) In the case of a contract with the Department of Defense for goods or services in excess of $10,000,000, all correspondence and documents related to the contract. 302. Extension of FOIA to private contractors (a) Definitions In this section— (1) the term covered contractor means a private contractor that entered into a contract with the Department; (2) the term covered record means any record produced using Federal funds during the performance of a Department contract by a covered contractor; and (3) the term Secretary means the Secretary of Defense. (b) Application of FOIA A covered record shall be— (1) considered an agency record for purposes of section 552(f)(2) of title 5, United States Code, whether in the possession of a covered contractor or the Secretary