1-BPM007067_Confidentiality_and_Trade_Secrets.docx
DOCX document 53 KB Posted
- Solicitation number
- BPM007067
- Issued by
- Arizona
About this file
This is a Confidentiality and Trade Secrets declaration form for Arizona Department of Transportation (ADOT) Invitation for Bid (IFB) number BPM007067, a statewide Used Automotive Fluid Collection and Removal Services procurement involving ADOT, Department of Public Safety (DPS), and Arizona Department of Corrections (ADC). The solicitation was posted September 17, 2025, with proposals due October 9, 2025, through Arizona's eProcurement Portal (APP). The contractor must provide routine and emergency collection and removal of automotive fluids including motor oils, transmission fluids, antifreeze, contaminated fuels, sump materials, lubricants, oil filters, and oily rags across multiple shop locations statewide. Service delivery and pickup are required Monday through Friday between 8:00 a.m. and 3:00 p.m., with non-routine services within three business days and emergency services within 24-48 hours when possible. The contract term is 12 months from award with potential extensions up to 48 months total through written amendments. A pre-offer conference is recommended but not mandatory. The contractor must provide all labor, materials, containers with secondary containment, loading and pumping equipment, and 55-gallon drums at no additional cost.
Award will be made to the lowest responsible and responsive offeror based on evaluation criteria including contract termination history, performance record, legal qualifications, and financial resources. The contractor must maintain comprehensive insurance coverage including commercial general liability ($2,000,000), business automobile liability ($1,000,000), workers' compensation, and pollution legal liability ($1,000,000 per occurrence). An administrative fee of 1.5 percent (increasing to 2 percent on January 1, 2025) applies to all contract sales to cooperative purchasing members. The contract is available to all State of Arizona departments, agencies, boards, eligible universities, political subdivisions, and nonprofit educational or public health institutions participating in the State Purchasing Cooperative. No specific set-aside designations are mentioned. The contractor must comply with all federal, state, and local environmental regulations including Title 40 and Title 49 of the Code of Federal Regulations and Arizona Revised Statutes. Offerors must designate proprietary or trade secret information according to Arizona Administrative Code R2-7-103, with the State retaining the right to determine confidentiality status through written determination.
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CONFIDENTIALITY AND TRADE SECRETS
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 is proprietary or a trade secret, a process is set out in A.A.C. R2-7-103 (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 A.A.C. R2-7-101(52).
This form must be completed and returned with the response to the solicitation and any supporting information to assist the State in making its determination as to whether any of the materials submitted as part of the solicitation response should be designated confidential because the material is proprietary or a trade secret and therefore not subject to disclosure.
All offerors must select one of the following:
X My response does not contain proprietary or trade secret information. I understand that my entire response will become public record in accordance with A.A.C. R2-7-C317.
My 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. |
Please note that 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 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 determination of Proposer’s trade secret materials through a written determination in accordance with A.A.C. R2-7-103.
If the State agrees with the proposer’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 counsel or other necessary assistance.
By submitting this response, proposer 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. Proposer agrees to indemnify and hold the State, its agents and employees, harmless from any claims or causes of action relating to the State’s withholding of information based upon reliance on the above representations, including the payment of all costs and attorney fees incurred by the State in defending such an action.
Crystal Clean, LLC
Company Name
Signature of Person Authorized to Sign
2000 Center Drive, Suite East C300
Michael Wilson
Address
Printed Name
Hoffman Estates, IL 60192
| City |
| State |
| Zip |
Title
R2-7-103. Confidential Information
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 No: BPM #007067 |
| Available online at |
https://app.az.gov
Rev 03/2025 image1.jpeg
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