[Code of Federal Regulations]
[Title 10, Volume 4, Parts 500 to end]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR600.15]

[Page 90-91]
 
                            TITLE 10--ENERGY
 
               CHAPTER II--DEPARTMENT OF ENERGY--CONTINUED
 
PART 600--FINANCIAL ASSISTANCE RULES--Table of Contents
 
                           Subpart A--General
 
Sec. 600.15  Authorized uses of information.

    (a) General. Information contained in applications shall be used 
only for evaluation purposes unless such information is generally 
available to the public or is already the property of the Government. 
The Trade Secrets Act, 18 U.S.C. 1905, prohibits the unauthorized 
disclosure by Federal employees of trade secret and confidential 
business information.
    (b) Treatment of application information. (1) An application may 
include technical data and other data, including trade secrets and/or 
privileged or confidential commercial or financial information, which 
the applicant does not want disclosed to the public or used by the 
Government for any purpose other than application evaluation. To protect 
such data, the applicant should specifically identify each page 
including each line or paragraph thereof containing the data to be 
protected and mark the cover sheet of the application with the following 
Notice as well as referring to the Notice on each page to which the 
Notice applies:

[[Page 91]]

           Notice of Restriction on Disclosure and Use of Data

    The data contained in pages ______ of this application have been 
submitted in confidence and contain trade secrets or proprietary 
information, and such data shall be used or disclosed only for 
evaluation purposes, provided that if this applicant receives an award 
as a result of or in connection with the submission of this application, 
DOE shall have the right to use or disclose the data herein to the 
extent provided in the award. This restriction does not limit the 
Government's right to use or disclose data obtained without restriction 
from any source, including the applicant.

    (2) Unless a solicitation specifies otherwise, DOE shall not refuse 
to consider an application solely on the basis that the application is 
restrictively marked.
    (3) Data (or abstracts of data) marked with the Notice under 
paragraph (b)(1) of this section shall be retained in confidence and 
used by DOE or its designated representatives as specified in 
Sec. 600.13 solely for the purpose of evaluating the proposal. The data 
so marked shall not be disclosed or used for any other purpose except to 
the extent provided in any resulting award, or to the extent required by 
law, including the Freedom of Information Act (5 U.S.C. 552) (10 CFR 
part 1004). The Government shall not be liable for disclosure or use of 
unmarked data and may use or disclose such data for any purpose.
    (4) The Government shall obtain unlimited rights in the technical 
data contained in any application which results in an award except those 
portions of the technical data which the applicant asserts and properly 
marks as proprietary data, or which are not directly related to or will 
not be utilized in the project and are deleted from the application with 
the concurrence of DOE.
    (5) The clause at 48 CFR 52.227-23, which applies only to technical 
data and not to other data such as privileged or confidential commercial 
or financial information shall apply to every award.