Section 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.