---
kind: "section"
citation: "32 C.F.R. § 37.420"
title: "32"
number: "37.420"
heading: "Should I tell proposers that we will not disclose information that they submit?"
url: "https://uscodex.org/cfr/32/37.420"
---

# §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)](#b) of this section is exempt from disclosure requirements of the Freedom of Information Act (FOIA)(codified at [5 U.S.C. 552](/usc/5/552.md)) 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](/usc/10/2371.md), 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](/usc/10/2358.md) or any other type of transaction authorized by [10 U.S.C. 2371](/usc/10/2371.md) (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)](/usc/5/552.md?p=b) (as implemented by the DoD in [subpart C](/cfr/32/subpartC.md) of [32 CFR part 286](/cfr/32/part286.md)) for exemption from FOIA disclosure requirements.

## Notes

### Authority

Authority: 5 U.S.C. 301 and 10 U.S.C. 113.

### Source

Source: 68 FR 47160, Aug. 7, 2003, unless otherwise noted.