1-BPM006062_Confidentiality_and_Trade_Secrets.pdf

Procurement

ADOT CONFIDENTIALITY AND TRADE SECRETS

All materials submi-ed as part of a response to a solicita4on are subject to Arizona public records law and will be disclosed if there is an appropriate public records request at the 4me of or a:er the award of the contract.

Recognizing there may be materials included in a solicita4on response that is proprietary or a trade secret, a process is set out in A.A.C. R2-7-103 (a-ached) that will allow qualifying materials to be designated as confiden4al and excluded from disclosure. For purposes of this process the defini4on of “trade secret” will be the same as that set out in A.A.C. R2-7-101(52).

This form must be completed and returned with the response to the solicita4on and any suppor4ng informa4on to assist the State in making its determina4on as to whether any of the materials submi-ed as part of the solicita4on response should be designated confiden4al because the material is proprietary or a trade secret and therefore not subject to disclosure.

All offerors must select one of the following:

My response does not contain proprietary or trade secret informa4on. I understand that my en4re response will become public record in accordance with A.A.C. R2-7-C317.

My response does contain trade secret informa4on because it contains informa4on that:

1. Is a formula, pa-ern, compila4on, program, device, method, technique or process, AND

2. Derives independent economic value, actual or poten4al, 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 organiza4on that are reasonable under the circumstances to maintain its secrecy.

Please note that failure to aCach an explanaFon may result in a determinaFon that the informaFon does not meet the statutory trade secret definiFon. All informaFon that does not meet the definiFon of trade secret as defined by A.A.C. R2-7-101(52) will become public in accordance with A.A.C. R2-7-C317. The State reserves the right to make its own determinaFon of Proposer’s trade secret materials through a wriCen determinaFon in accordance with A.A.C. R2-7-103.

If the State agrees with the proposer’s designa4on of trade secret or confiden4ality and the determina4on is challenged, the undersigned hereby agrees to cooperate and support the defense of the determina4on with all interested par4es, including legal counsel or other necessary assistance.

By submi[ng this response, proposer agrees that the en4re offer, including confiden4al, trade secret and proprietary informa4on may be shared with an evalua4on commi-ee and technical advisors during the evalua4on process. Proposer agrees to indemnify and hold the State, its agents and employees, harmless from any claims or causes of ac4on rela4ng to the State’s withholding of informa4on based upon reliance on the above representa4ons, including the payment of all costs and a-orney fees incurred by the State in defending such an ac4on.

Company Name Signature of Person Authorized to Sign

Solicitation No: BPM006062 Available online at https://app.az.gov Page of 2 1

Rev 04/2020 https://app.az.gov Alice Bingham X

Alice Bingham

K & K SYSTEMS, INC.

Procurement

ADOT CONFIDENTIALITY AND TRADE SECRETS

R2-7-103. ConfidenFal InformaFon

A. If a person wants to assert that a person's offer, specifica4on, or protest contains a trade secret or other proprietary informa4on, a person shall include with the submission a statement suppor4ng this asser4on. A person shall clearly designate any trade secret and other proprietary informa4on, using the term "confiden4al". Contract terms and condi4ons, pricing, and informa4on generally available to the public are not considered confiden4al informa4on under this Sec4on.

B. Un4l a final determina4on is made under subsec4on (C), an agency chief procurement officer shall not disclose informa4on designated as confiden4al under subsec4on (A) except to those individuals deemed by an agency chief procurement officer to have a legi4mate state interest.

C. Upon receipt of a submission, an agency chief procurement officer shall make one of the following wri-en determina4ons:

1. The designated informa4on is confiden4al and the agency chief procurement officer shall not disclose the informa4on except to those individuals deemed by the agency chief procurement officer to have a legi4mate state interest;

2. The designated informa4on is not confiden4al; or

3. Addi4onal informa4on is required before a final confiden4ality determina4on can be made.

D. If an agency chief procurement officer determines that informa4on submi-ed is not confiden4al, a person who made the submission shall be no4fied in wri4ng. The no4ce shall include a 4me period for reques4ng a review of the determina4on by the state procurement administrator.

E. An agency chief procurement officer may release informa4on designated as confiden4al under subsec4on (A) if:

1. A request for review is not received by the state procurement administrator within the 4me period specified in the no4ce; or

2. The state procurement administrator, a:er review, makes a wri-en determina4on that the designated informa4on is not confiden4al.

Address Printed Name

City State Zip Title

Solicitation No: BPM006062 Available online at https://app.az.gov Page of 2 2

Rev 04/2020 https://app.az.gov Alice Bingham

687 PALMETTO RD.

Alice Bingham

TUPELO, MS 38801

Alice Bingham

ALICE K BINGHAM

Alice Bingham

ACCOUNT MANAGER