2-RFP - 260000001881 - Confidential Treatment Form.docx

DOCX document 62 KB Posted

Attached to
Unclaimed Property Audit Services
Solicitation number
RFP 171 260000001881 1
Issued by
Michigan

About this file

This is a Confidential Treatment Form for RFP 260000001881 issued by the State of Michigan for Unclaimed Property Examination (Audit) Services. The form establishes procedures for bidders to designate portions of their proposals as confidential or proprietary information subject to protection under Michigan's Freedom of Information Act (FOIA). All bidders must submit a completed and signed Confidential Treatment Form with their proposal, regardless of whether confidential information is included, or risk proposal rejection as non-responsive. Failure to properly complete and submit the form may result in the entire proposal being publicly disclosed by the State without redaction following an award recommendation.

Bidders may request confidential treatment only through Section 2 of the form by specifically identifying information designated as Trade Secret (TS), Proprietary Financial Information (FI), or Proprietary Information (PI) and providing detailed legal justification citing applicable FOIA exemptions or relevant case law. Resumes, pricing, and marketing materials cannot be designated as confidential. Bidders requesting confidential treatment must submit a redacted "Public Copy" of their proposal with protected information clearly marked. The State retains final authority to determine whether designated materials qualify for FOIA exemption and is not obligated to notify bidders of FOIA requests or disclosure decisions. The Confidential Treatment Form itself and any supporting justification letters are not exempt from FOIA release.

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Confidential Treatment Form INSTRUCTIONS. A signed and dated Confidential Treatment Form (CT Form) must be submitted with your proposal, regardless of whether your proposal contains confidential information.

1. Complete either Section 1 or Section 2 of this form and sign where indicated. Do not complete both sections. Note: Completion of Section 2 is required to request confidential treatment.

2. This form must be signed by the individual who signed the bidder’s proposal.

Failure to submit a completed CT Form with your bid is grounds for rejecting the proposal as non-responsive.

In addition, failure to follow the instructions on this form or to properly complete and submit it may result in the entire proposal being publicly disclosed by the State without redaction after an award recommendation.

See the Confidential Treatment Form and the Freedom of Information Act section of the Proposal Instructions for additional information.

Section 1. CONFIDENTIAL TREATMENT IS NOT REQUESTED This section must be completed, signed, and submitted with the proposal if the bidder does not request confidential treatment of any material contained in the proposal. If this section is completed, do not complete Section 2.

By signing below, the bidder affirms that confidential treatment of material contained in their proposal is not requested.

Solicitation Information: RFP 260000001881 Unclaimed Property Examination (Audit) Services Signed by:

Enter your name and title Enter your company name Signature:

Date: Click or tap to enter a date.

Section 2. CONFIDENTIAL TREATMENT IS REQUESTED Bidders must complete, sign, and submit this section with the proposal, to request confidential treatment of any material contained in the proposal. If this section is completed, do not complete Section 1.

Bidders must specifically identify the information to be protected as confidential and/or proprietary and state the reasons why protection is necessary. As shown in the table below, the following details are required for each confidentiality request.

1. The proposal page number, section number, and paragraph number.

2. Whether the material referenced is Trade Secret (TS), Proprietary Financial Information (FI), or Proprietary Information (PI). Bidders may not request confidential treatment of resumes, pricing, and marketing materials.

3. An explanation of the specific legal grounds that support treatment of the material as TS, FI, or PI and a complete justification as to how the material falls within the scope of an applicable FOIA exemption or relevant case law. Bidders must not simply cite an applicable exemption or case name.

4. The person at their organization authorized to respond to inquiries by the State concerning the material and their contact information.

REQUIRED: Bidders completing this section must also submit a copy of the proposal with the trade secret, financial, and proprietary information redacted and clearly label this redacted copy as the PUBLIC COPY.

Proposal Page #, Section #, Paragraph #
Material is Trade Secret (TS), Proprietary Financial Information (FI), Proprietary Information (PI)
Applicable FOIA Exemption with Written Justification
Bidder Contact Information

Bidders may add rows or additional pages using the same format shown in the table.

State of Michigan FOIA Requests The State reserves the right to determine whether material designated as exempt by a bidder falls under MCL 18.1261 or other applicable FOIA exemptions.

If a FOIA request is made for materials that the bidder has identified as trade secret, financial, or proprietary information, the State has the final authority to determine whether the materials are exempt from disclosure under FOIA.

The State is not obligated to notify a bidder if a FOIA request for bidder’s proposal is received nor if bidder’s proposal is made available to the public. This form, and any additional justification letters, are not exempt from release under FOIA.

By signing below, the bidder affirms that confidential treatment of material contained in their proposal is requested and has attached to this form a redacted “Public Copy” of the bidder’s proposal.

Solicitation Information: RFP 260000001881 Unclaimed Property Examination (Audit) Services Signed by:

Enter your name and title Enter your company name Signature:

Date: Click or tap to enter a date.

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