1-BPM004328 SOL-Att 3_Confidential Info - PQPS.pdf

Request for Proposal

Arizona Department of Administration ~ Solicitation No. BPMOO4328 State Procurement Office:i 100 N 15th Avenue

Uninterruptible Power Supply (UPS): New Equipment, Phoenix, AZ 85007

Service, Maintenance and Support

Confidential Information Designation

All materials submitted as part of a response to a solicitation are subject to Arizona public records law and will be disclosed if there is an appropriate public records request at the time of or after the award of the contract. Recognizing there may be materials included in a solicitation response that are proprietary or a trade secret, a process is set out in AAC. R2-7-103 (copy attached) that will allow qualifying materials to be designated as confidential and excluded from disclosure. For purposes of this process the definition of "trade secret" will be the same as that set out in AAC. R2-7- 101(52).

Complete this form and return it with your Offer along with the appropriate supporting information to assist the State in making its determination as to whether any of the materials submitted as part of your Offer should be designated confidential because the material is proprietary or a trade secret and therefore not subject to disclosure.

POWER QUALITY PROFESSIONALS DESIGNATES ONLY OUR FINANCIALS AS "CONFIDENTIAL".

Check one of the following - if neither is checked, State will assume that as equivalent to "DOES NOT":--'-J--- -------------------.----.--- ..------------- ----- ------------ ..- ------ This response DOES NOT contain proprietary or trade secret information. I understand that my entire response will become public record in accordance with AAC. R2-7-C317.

X This response DOES contain trade secret information because it contains information that:

1. Is a formula, pattern, compilation, program, device, method, technique or process, AND

2. Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; AND

3. Is the subject of efforts by myself or my organization that are reasonable under the circumstances to maintain its secrecy.

NOTE: Failure to attach an explanation may result in a determination that the information does not meet the statutory trade secret definition. All information that does not meet the definition of trade secret as defined by AAC.

R2-7-101(52) will become public in accordance with A.A.C. R2-7-C317. State may make its own determination on materials in accordance with AAC. R2-7-103.

If State agrees with Offeror's designation of trade secret or confidentiality and the determination is challenged, the undersigned hereby agrees to cooperate and support the defense of the determination with all interested parties, including legal counselor other necessary assistance.

By submitting this response, Offeror agrees that the entire Offer, including confidential, trade secret and proprietary information may be shared with an evaluation committee and technical advisors during the evaluation process.

Offeror agrees to indemnify and hold State, its agents and employees, harmless from any claims or causes of action relating to State's withholding of information based upon reliance on the above re sentations, including the payment of all costs and attorney fees incurred by State in defendi uch a

POWER QUALIlY PROFESSIONALS, LLC Offeror Company Name

9221 E. Baseline Rd. Suite 109

Address

Mesa, President + Managing MemberAZ City State Zip Title

Solicitation Offer Form Page 1 of 2

Request for Proposal Solicitation No. BPM004328

Arizona Department of Administration State Procurement Office

100 N 15th Avenue Phoenix, AZ 85007Uninterruptible Power Supply (UPS): New Equipment, Service, Maintenance and Support

Copy of A.A.C. R2-7-103 [Confidential Information] as was current at time of Solicitation issuance

PROVIDED FOR REFERENCE ONLY

A. If a person wants to assert that a person's offer, specification, or protest contains a trade secret or other proprietary information, a person shall include with the submission a statement supporting this assertion. A person shall clearly designate any trade secret and other proprietary information, using the term "confidential". Contract terms and conditions, pricing, and information generally available to the public are not considered confidential information under this Section.

B. Until a final determination is made under subsection (C), an agency chief procurement officer shall not disclose information designated as confidential under subsection (A) except to those individuals deemed by an agency chief procurement officer to have a legitimate state interest.

C. Upon receipt of a submission, an agency chief procurement officer shall make one of the following written determinations:

1. The designated information is confidential and the agency chief procurement officer shall not disclose the information except to those individuals deemed by the agency chief procurement officer to have a legitimate state interest;

2. The designated information is not confidential; or

3. Additional information is required before a final confidentiality determination can be made.

D. If an agency chief procurement officer determines that information submitted is not confidential, a person who made the submission shall be notified in writing. The notice shall include a time period for requesting a review of the determination by the state procurement administrator.

E. An agency chief procurement officer may release information designated as confidential under subsection (A) if:

1. A request for review is not received by the state procurement administrator within the time period specified in the notice; or

2. The state procurement administrator, after review, makes a written determination that the designated information is not confidential.

Solicitation Offer Form Page 2 of2