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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />(ii) if the same information is obtained from another source without <br />restriction it may be used without restriction. <br /> <br />(e) If a request under the Freedom of Information Act seeks access to information <br />in a proposal identified as trade secret information or confidential commercial and <br />financial information, full consideration will be, given to the offeror's view that the <br />information constitutes trade secrets or confidential commercial or financial <br />information. The offeror will also be promptly notified of the request and given an <br />opportunity to provide additional evidence and argument in support of its position, <br />unless administratively unfeasible to do so. If it is determined that information <br />claimed by the offeror to be trade secret information or confidential commercial or <br />financial information is not exempt from disclosure under the Freedom of <br />Information Act, the offeror will be notified of this determination Prior to disclosure <br />of the information. <br /> <br />(f) The Government assumes no liability for the disclosure or use of information <br />contained in a proposal if not marked in accordance with paragraphs (b) and (c) of <br />this provision. If a request under the Freedom of Information Act is made for <br />information in a proposal not marked in accordance with paragraphs (b) and (c) of <br />this provision, the offeror concerned shall be promptly notified of the request and <br />given an opportunity to provide its position to the Government. However, failure <br />of an offeror to mark information contained in a proposal as trade secret <br />information or confidential commercial or financial information will be treated by <br />the Government as evidence that the information is not exempt from disclosure <br />under the Freedom of Information Act, absent a showing that the failure to mark <br />was due to unusual or extenuating circumstances, such as a showing that the <br />offeror had intended to mark, but that markings were omitted from the offeror's <br />proposal due to clerical error. <br /> <br />28 <br />