2-BPM006894_Solicitation_Attachment_4_-_Confidential_Information_Designation.pdf
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- Solicitation number
- BPM006894
- Issued by
- Maricopa County, Phoenix City, Arizona
About this file
This Confidential Information Designation form is a solicitation attachment issued by the Arizona Department of Administration, State Procurement Office for Request for Proposal Solicitation No. BPM006894 concerning Global Navigation Satellite System (GNSS) Receivers and Related Equipment. The form establishes the process by which offerors may designate materials submitted in response to the solicitation as confidential or trade secret information, thereby excluding them from disclosure under Arizona public records law. Offerors must complete and return the form with their proposal, checking either that their response does not contain proprietary or trade secret information, or providing detailed justification if it does. The form requires offerors to demonstrate that designated information meets the statutory definition of trade secret by establishing that it is a formula, pattern, compilation, program, device, method, technique, or process; derives independent economic value from not being generally known; and is subject to reasonable efforts to maintain its secrecy. All designated materials must be accompanied by supporting documentation to assist the State in making confidentiality determinations.
The form specifies that the State will not consider any material confidential unless properly designated on the form and that all information failing to meet the trade secret definition will become public record. Designated information may be shared with evaluation committees and technical advisors during the proposal evaluation process. The Arizona Administrative Code citation R2-7-103 provides the regulatory framework governing confidentiality determinations, with the agency chief procurement officer required to make written determinations classifying submissions as confidential, non-confidential, or requiring additional information. Offerors who receive notice that designated information has been determined non-confidential have an opportunity to request review by the state procurement administrator before disclosure. Offerors agree to indemnify and hold the State harmless from claims arising from the State's reliance on confidentiality designations and agree to cooperate in defending any challenged determinations.
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Text version
Request for Proposal
Solicitation No. BPM006894
Global Navigation Satellite System (GNSS) Receivers and Related Equipment
Arizona Department of Administration
State Procurement Office
Solicitation Attachment – Confidential Information Designation | Revision No. 3 | Revised 03-24
Attachment 4 – 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 A.A.C. 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 A.A.C. R2-7-101(51).
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 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. Offerors shall create a redacted version of documents containing confidential information upon request from the Procurement Officer.
STATE WILL NOT CONSIDER ANY MATERIAL IN YOUR OFFER “CONFIDENTIAL” UNLESS DESIGNATED ON THIS FORM.
Check one of the following – if neither is checked, State will assume that it is equivalent to “DOES NOT”:
x This 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; or
☐ This response DOES contain trade secret information because it contains information that:
1. Is a formula, pattern, compilation, program, device, method, technique or process;
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 A.A.C. R2-7-101(51) will become public in accordance with A.A.C. R2-7-C317. State may make its own determination on materials in accordance with A.A.C. R2-7-103.
If State agrees with Offeror’s designation of trade secret or confidentiality and the determination is challenged, the Offeror 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, 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 representations, including the payment of all costs and attorney fees incurred by State in defending such an action.
Request for Proposal
Solicitation No. BPM006894
Global Navigation Satellite System (GNSS) Receivers and Related Equipment
Arizona Department of Administration
State Procurement Office
Solicitation Attachment – Confidential Information Designation | Revision No. 3 | Revised 03-24
Attachment – Confidential Information Designation (for reference only)
A.A.C. R2-7-103 [Confidential Information] as was current at time of Solicitation issuance
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.
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