DOE will use data and other information contained in concept papers strictly for evaluation purposes. Applicants should not include confidential, proprietary, or privileged information in their concept papers unless such information is necessary to convey an understanding of the proposed project.
Concept papers containing confidential, proprietary, or privileged information must be marked as described below. Failure to comply with these marking requirements may result in the disclosure of the unmarked information under the Freedom of Information Act or otherwise. The U.S. Government is not liable for the disclosure or use of unmarked information, and may use or disclose such information for any purpose.
Page 1 of the concept paper must be marked as follows and identify the specific pages containing confidential, proprietary, or privileged information:
Notice of Restriction on Disclosure and Use of Data:
Pages [list applicable pages] of this document may contain confidential, proprietary, or privileged information that is exempt from public disclosure. Such information shall be used or disclosed only for evaluation purposes or in accordance with a financial assistance or loan agreement between the submitter and the Government. The Government may use or disclose any information that is not appropriately marked or otherwise restricted, regardless of source.
The header and footer of every page that contains confidential, proprietary, or privileged information must be marked as follows: “Contains Confidential, Proprietary, or Privileged Information Exempt from Public Disclosure.”
In addition, every line and paragraph containing proprietary, privileged, or trade secret information must be clearly marked with double brackets or highlighting.