Disclosure of information.

§ 603.420 Disclosure of information. The announcement 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 DOE receives the information from them; and (b) As provided in 42 U.S.C. 7256(g) incorporating certain provisions of 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 the award of a TIA; 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 DOE in 10 CFR part 1004) for exemption from FOIA disclosure requirements.