WMOD00269 ‎(2)‎

• Contract/Permit #: 02FC810810
• Title: Weather Damage Modification Program for Cooperative Weather Research between States and the US Department of Interior, Bureau of Reclaimation
• Date: 11/19/2002
• Weather Modification - Doc Type: Report

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(a) Definitions. For the purposes of this provision and the Freedom of Information
Act (5 U.S.C. 552), the following terms shall have the meaning set forth below:

(1) 'Trade Secret' means an unpatented, secret, commercially valuable
plan, appliance, formula, or process, which is used for making, Preparing,
compounding, treating or processing articles or materials, which are trade
commodities.

(2) 'Confidential commercial or financial information' means any business
information (other than trade secrets) which is exempt from the mandatory
disclosure requirement of the Freedom of Information Act,S U.S.C. 552.
Exemptions from mandatory disclosure which may be applicable to
business information contained in proposals include exemption (4), which
covers 'commercial and financial information obtained from a person and
privileged or confidential,' and exemption (9). which covers 'geological and
geophysical information, including maps, concerning wells.'

(b) If the offeror, or its subcontractor(s) believes that the proposal contains trade
secrets or confidential commercial or financial information exempt from disclosure
under the Freedom of Information Act, (5 U.S.C. 552), the cover page of each
copy of the proposal shall be marked with the following legend:

"The information specifically identified on pages _ of this proposal constitute
trade secrets or confidential commercial and financial information which the
offeror believes to be exempt from disclosure under the Freedom of Information
Act. The offeror requests that this information not be disclosed to the public,
except as may be required by law. The offeror also request that this information
not be used in whole or part by the Government for any purpose other than to
evaluate the proposal, except that if a contract is awarded to the offer as a result
of or in connection with the submission of the proposal, the Government shall
have the right to use the information to the extent provided in the contract."

(c) The offeror shall also specifically identify trade secret information and
confidential commercial and financial information on the pages of the proposal on
which it appears and shall mark each such page with the following legend:

"This page contains trade secrets or confidential commercial and financial
information which the offeror believes to be exempt from disclosure under the
Freedom of Information Act and which is subject to the legend contained on the
cover page of this proposal."

(d) Information in a proposal identified by an offeror as trade secret information or
confidential commercial and financial information shall be used by the
Government only for the purpose of evaluating the proposal, except that:

(i) If a contract is awarded to the offeror as a result of or in connection with
submission of the proposal, the Government shall have the right to use the
information as provided in the contract, and

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