15_Attachment_K_-_Claim_of_Business_Confidentiality.docx

DOCX document 229 KB Posted

Attached to
SW1045 Emerging Technologies
Solicitation number
EV00000871
Issued by
Oklahoma County, Hobart City, Oklahoma

About this file

This is a Claim of Business Confidentiality form issued by the State of Oklahoma in collaboration with NASPO ValuePoint for Solicitation Number EV00000871, which concerns Emerging Technologies Consulting and Services. The document serves as a template for offerors to declare whether they are claiming any information within their proposals as confidential, proprietary, or protected. Offerors must elect one of two options: either certify that no information is being claimed as confidential, or complete a detailed table identifying specific proposal sections, descriptions of confidential information, and the basis for each confidentiality claim in accordance with Oklahoma Administrative Code 260: 115-3-9. The form requires offerors who claim confidential information to submit a redacted copy of their proposal clearly marked as such.

The form establishes specific requirements for confidentiality claims, mandating that offerors specifically identify what information is confidential, enumerate the applicable legal grounds supporting exemption from disclosure, and explain why disclosure would not be in the public interest if the information is incorporated into an awarded contract. Offerors are explicitly prohibited from marking pricing or their entire proposal as confidential. The document includes a signature section where the offeror certifies under penalty of perjury that all representations are true and correct. The form clarifies that submission of a confidentiality claim does not guarantee protection from disclosure under applicable public information laws and that failure to comply with confidentiality submission requirements releases the State of Oklahoma, NASPO, NASPO members, and multistate team entities from any obligation to maintain confidentiality.

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Text version

Request for Proposals for

[PORTFOLIO NAME]

Issued by the State of [Lead State] Solicitation Number: [#######]

Request for Proposals for Emerging Technologies Consulting and Services Issued by the State of Oklahoma Solicitation Number EV00000871 EV00000871 Attachment K

CLAIM OF BUSINESS CONFIDENTIALITY

Offeror’s Claims of Business Confidentiality. (Check one of the below.)

☐Offeror is not claiming any information within Offeror’s proposal as confidential, proprietary, or protected. (Check box and skip to Signature section below.)
☐Offeror claims the information set forth in the table below as confidential, proprietary, or protected and will submit with Offeror’s proposal a redacted copy of Offeror’s proposal, which must be clearly marked as such. Offeror understands, acknowledges, and agrees to comply with the following:

· Each of the following fields must be completed for each claim asserted by Offeror:

· Proposal Section Reference: The page, section, or paragraph in Offeror’s proposal containing the information claimed to be confidential, proprietary, or protected.

· Confidential Information: A description of the information claimed to be confidential, proprietary, or protected.

· Basis for Claim: The basis for Offeror’s claim, which in accordance with Oklahoma Administrative Code 260: 115-3-9 shall:

· Specifically identify what information is confidential

· Enumerate the specific grounds, based on applicable laws which support treatment of the material as exempt from disclosure, and explain why disclosure is not in the best interest to the public if the information is incorporated into an awarded contract; and

· All such information considered confidential either under separate cover or copied in a separate section of the bid as required. Failure to comply with this requirement may result in the decision to not consider Offeror’s confidential claim. The acquiring agency has no responsibility to look outside the required section of a bid for portions claimed as confidential and an entire bid will not be considered confidential in any event.

· Explanation: Explanation of how the information claimed to be confidential, proprietary, or protected meets the definition of one of the bases above.

· Offeror may not mark pricing or Offeror’s entire proposal as confidential, proprietary, or protected.

Proposal Section Reference
Confidential Information
Basis for Claim
Explanation

[Add additional rows as needed.]

Signature By signing below, the undersigned certifies under penalty of perjury that the representations made and the information provided herein are true and correct and may be relied upon by the Lead State for purposes of determining the validity of Offeror’s claim(s). Offeror understands that submission of a Claim of Business Confidentiality does not guarantee that information claimed by Offeror as confidential, proprietary, or protected will not be subject to disclosure in accordance with applicable public information laws, rules, and policies. Offeror further agrees that if Offeror fails to submit a redacted copy of Offeror’s proposal, or fails to claim information as confidential, proprietary, or protected in compliance with this RFP, Offeror releases the Lead State, NASPO, NASPO members, and entities represented on the Multistate Sourcing Team from any obligation to keep the information confidential and waives all claims of liability arising from disclosure of the information.

OFFEROR:

____________________________________________________________________________________
SignatureDate
____________________________________________________________________________________
Printed NameTitle
____________________________________________________________________________________
Email AddressPhone Number

Page 2 of 9 – Attachment [X], RFP TERMS AND CONDITIONS

Attachment K, CLAIM OF BUSINESS CONFIDENTIALITY image1.png image2.png

File details come from the government source that posted it. Updated .