[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 32CFR37.420]



[Page 232]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 37_TECHNOLOGY INVESTMENT AGREEMENTS--Table of Contents

 

                       Subpart D_Competition Phase

 

Sec.  37.420  Should I tell proposers that we will not disclose 

information that they submit?



    Your solicitation should tell potential proposers that:

    (a) For all TIAs, information described in paragraph (b) of this 

section is exempt from disclosure requirements of the Freedom of 

Information Act (FOIA)(codified at 5 U.S.C. 552) for a period of five 

years after the date on which the DoD Component receives the information 

from them.

    (b) As provided in 10 U.S.C. 2371, disclosure is not required, and 

may not be compelled, under FOIA during that period if:

    (1) A proposer submits the information in a competitive or 

noncompetitive process that could result in their receiving a 

cooperative agreement for basic, applied, or advanced research under the 

authority of 10 U.S.C. 2358 or any other type of transaction authorized 

by 10 U.S.C. 2371 (as explained in appendix B to this part, that 

includes all TIAs); and

    (2) The type of information is among the following types that are 

exempt:

    (i) Proposals, proposal abstracts, and supporting documents; and

    (ii) Business plans and technical information submitted on a 

confidential basis.

    (c) If proposers desire to protect business plans and technical 

information for five years from FOIA disclosure requirements, they must 

mark them with a legend identifying them as documents submitted on a 

confidential basis. After the five-year period, information may be 

protected for longer periods if it meets any of the criteria in 5 U.S.C. 

552(b) (as implemented by the DoD in subpart C of 32 CFR part 286) for 

exemption from FOIA disclosure requirements.