2-RFP WCU 2603091013 - Appendix B - Trade Secret Confidential Notice.pdf

PASSHE-RFP-APPX B-JAN-2026

Trade Secret / Confidential Proprietary Information Notice

Pennsylvania’s State System of Higher Education (State System) may not assert on behalf of a third party an exception to the public release of materials that contain trade secrets or confidential proprietary information unless the materials are accompanied, at the time they are submitted, by this form or a document containing similar information.

It is the responsibility of the party submitting this form to ensure that all statements and assertions made below are legally defensible and accurate.

Note: The following information will not be considered a trade secret or confidential proprietary information:

• Any information submitted as part of an offeror’s cost proposal.

• Information submitted as part of an offeror’s technical response that does not pertain to specific business practices or product specification.

• Information submitted as part of an offeror’s technical or small diverse business response that is otherwise publicly available or otherwise easily obtained.

• Information detailing the name, quantity, and price paid for any product or service being purchased by the State System.

Instructions: Explain which portions of the material being submitted constitute a trade secret or confidential proprietary information and why the materials constitute a trade secret or confidential proprietary information. Mark the submitted material in such a manner that allows a reviewer to easily distinguish between the parts referenced below. Complete and sign the Acknowledgement listed below.

Page # Description Explanation

PASSHE-RFP-APPX B-JAN-2026

Acknowledgment

The undersigned hereby agrees that it has read and completed this form and has referenced the material being submitted in accordance with the instructions above. The undersigned acknowledges that the State System is not liable for the use or disclosure of trade secret data or confidential proprietary information that has not been clearly marked as such, and which was not accompanied by a specific explanation included with this form.

The undersigned agrees to defend any action seeking release of the materials it believes to be trade secret or confidential, and indemnify and hold harmless the State System, its agents, and employees, from any judgments awarded against the State System in favor of the party requesting the materials, and any and all costs connected with that defense. This indemnification survives so long as the State System has possession of the submitted material and will apply to all costs unless and until the undersigned provides a written statement or similar notice to the State System stating that it no longer wishes to exempt the submitted material from public disclosure.

The undersigned acknowledges that the State System is required to keep all records for at least as long as specified in its published records retention schedule.

The undersigned acknowledges that the State System reserves the right to reject the undersigned’s claim of trade secret/confidential proprietary information if the State System determines that the undersigned has not met the burden of establishing that the information constitutes a trade secret or is confidential. The undersigned also acknowledges that if only a certain part of the submitted material is found to constitute a trade secret or is confidential, the remainder of the submitted material will become public; only the protected information will be removed and remain nonpublic.

Provide the following information and affix signature below.

Name of Offeror’s Company

Address of Offeror’s Principal Place of Business

Contact Name, Title, Email and Telephone Number of Undersigned

Solicitation Number

Solicitation Title

Signature / Date

Acknowledgment