1-filled Attachment ADOT Confidentiality and Trade Secrets_000006.pdf

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Attached to
Master Agreement AZ|CTR072271
Contract number
CTR072271
Issued by
Arizona

About this file

This document is an ADOT (Arizona Department of Transportation) Procurement attachment detailing confidentiality and trade secrets procedures for R2-7-103, specifically addressing how confidential information is handled during procurement processes. The document outlines guidelines for submissions containing trade secrets or proprietary information, with protocols managed by the agency's chief procurement officer.

The attachment primarily provides a structured framework for designating and protecting confidential information during procurement submissions. It specifies that persons submitting information must clearly mark trade secrets or proprietary information as "confidential" and include supporting statements. The document establishes a formal process for reviewing confidentiality claims, including potential written determinations by the agency chief procurement officer, notification procedures, and mechanisms for challenging confidentiality designations through the state procurement administrator.

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ATTACHMENT

ADOT CONFIDENTIALITY AND TRADE SECRETS

A m.l ai Procureme

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:

L 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.

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 131] 006025 Page 2 of 2 Available online at https://aop.ax „Rev fa& ry/292.2

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