[Code of Federal Regulations]

[Title 48, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 48CFR315.609]



[Page 48]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                  CHAPTER 3--HEALTH AND HUMAN SERVICES

 

PART 315_CONTRACTING BY NEGOTIATION--Table of Contents

 

                   Subpart 315.6_Unsolicited Proposals

 

Sec. 315.609  Limited use of data.



    The legend, Use and Disclosure of Data, prescribed in FAR 15.609(a) 

is to be used by the offeror to restrict the use of data for evaluation 

purposes only. However, data contained within the unsolicited proposal 

may have to be disclosed as a result of a request submitted pursuant to 

the Freedom of Information Act. Because of this possibility, the 

following notice shall be furnished to all prospective offerors of 

unsolicited proposals whenever the legend is provided in accordance with 

FAR 15.604(a)(7):



    The Government will attempt to comply with the ``Use and Disclosure 

of Data'' legend.

    However, the Government may not be able to withhold a record (data, 

document, etc.) nor deny access to a record requested by an individual 

(the public) when an obligation is imposed on the Government under the 

Freedom of Information Act, 5 U.S.C. 552, as amended. The Government 

determination to withhold or disclose a record will be based upon the 

particular circumstances involving the record in question and whether 

the record may be exempted from disclosure under the Freedom of 

Information Act. Records which the offeror considers to be trade secrets 

and commercial or financial information and privileged or confidential 

must be identified by the offeror as indicated in the referenced legend.