- (a) GSA shall provide a submitter with 10 business days, within which the submitter shall respond to the notice referenced in § 105-60.600.
- (b) If a submitter has any objections to disclosure, it should provide GSA a detailed written statement that specifies all grounds for withholding the particular information under any exemption of the FOIA. In order to rely on Exemption 4 as the basis for nondisclosure, the submitter shall explain why the information constitutes a trade secret or commercial or financial information that is privileged or confidential and the harm of the release of the information to the submitter.
- (c) A submitter who fails to respond within the time period specified in the notice shall be considered to have no objection to disclosure of the information.
- (d) GSA is not required to consider any information received after the date of any disclosure decision. Any information provided by a submitter under this subpart may itself be subject to disclosure under the FOIA.
- (e) GSA shall consider a submitter's objections and specific grounds for nondisclosure in deciding whether to disclose the requested information.
(f) Whenever GSA decides to disclose information over the objection of a submitter, the agency shall provide the submitter written notice, which shall include:
- (1) A statement of the reasons why each of the submitter's disclosure objections was not sustained;
- (2) A description of the information to be disclosed or copies of the records as the agency intends to release them; and
- (3) The specified disclosure date.
- (g) Whenever a requester files a lawsuit seeking to compel the disclosure of confidential commercial information, GSA shall promptly notify the submitter.
- (h) GSA shall notify the requester whenever it provides the submitter with notice and an opportunity to object to disclosure; whenever it notifies the submitter of its intent to disclose the requested information; and whenever a submitter files a lawsuit to prevent the disclosure of the information.