with the option to order additional technical data, the requirements for which are not known at the time of agreement. There is, however, a built-in limitation on the kind of technical data that may be required. This limitation clause provides that the offeror may withhold delivery of proprietary data. This withholding of proprietary data is the primary means by which the offeror may protect his proprietary position. There are, however, two situations where the Government may need to have limited access to a participant's proprietary data. First, paragraph (f) of the Rights in Technical Data (long form) clause (see Appendix B, "Model Cooperative Agreement") gives the Contracting Officer's representatives the limited right to inspect, at the participant's facility, the participant's proprietary data which were withheld from delivery, for the purpose of verifying that such data were properly withheld or to evaluate work performance. The second situation is provided in optional paragraph (g) of the Rights in Technical Data (long form) clause. When used, optional paragraph (g) provides the Government the right to require the participant to furnish with limited rights proprietary data previously withheld. In this situation, the limited rights in proprietary data and the Government's obligation for limited use and disclosure of such data provide the means by which the participant protects his proprietary position. Paragraph (g) will be used where it is determined that for programmatic reasons there is a need for the delivery of proprietary data to the Government. To assist in making this programmatic determination, it is necessary that your proposal state 39. that the work to be performed and the known requirements for technical and will be withheld. REPORTS TO CONGRESS Pub. L. No. 99-190 and its legislative history provide that DOE prepare and submit to Congress the following two reports associated with the proposals received and selections made as a result of this PON: (1) After projects are selected, a comprehensive report on the (2) A full and comprehensive report on each project selected, including the facts and circumstances relied upon in support of the proposed project, which must be submitted to Congress at least 30 calendar days prior to the execution of any cooperative agreement to be entered into as a result of this PON. 1. SECTION IV PROPOSAL PREPARATION INSTRUCTIONS NOTE: To facilitate evaluation, proposers are to organize their proposals to correspond precisely to the proposal preparation instructions in SECTIONS IV.1, IV.2, IV.3, and IV.4, which correspond to the evaluation criteria in SECTIONS V.2, V.3.1, V.3.2, and V.3.3 of this PON. PREPARATION OF VOLUME I: QUALIFICATION DISCUSSION The preparation of this volume is extremely important. If the (a) LOCATION OF DEMONSTRATION The demonstration project or facility must be located in the (b) USE OF U.S. COALS The proposed project or facility shall be designed for and must provide a description of the type and source of coal(s) in the United States. (c) COST-SHARING The proposer must complete the certification form contained (d) SITE AVAILABILITY The proposer must provide firm evidence that the proposed (e) CLEAN AIR ACT COMPLIANCE The proposer must complete and sign the certification form contained in Appendix I of this PON concerning compliance of the proposed technology, alone or in conjunction with other technologies, with the Clean Air Act. This certification will indicate that, as a minimum, the proposed technology in the specified market application will be capable of complying with the requirements of the Clean Air Act as amended, and with the relevant regulations promulgated thereto, in regions of the United States where commercialization of the technology is contemplated. (f) TEAMING AGREEMENT If a teaming arrangement is proposed, the proposer must provide a letter of intent or executed teaming agreement from all parties |