201-26-045 Administrative Appendix B Supplier Trade Secret or Proprietary Information Form.docx

Administrative Appendix B: Supplier Trade Secret or Proprietary Information Form VDOE reserves the right to use information submitted in response to this document in evaluating the fitness of the solution(s) proposed. Ownership of all data, materials, and documentation originated and prepared for VDOE pursuant to the RFP shall rest exclusively with VDOE and shall be subject to public inspection in accordance with Code of Virginia §2.2-4342 of the Virginia Public Procurement Act (VPPA).

Procurement and contract records are generally public records open to inspection in accordance with the Virginia Freedom of Information Act (VA FOIA) (see Code § 2.2-4342(A) of the VPPA) and that transparency in procurement, contracting, and other governmental functions serves important public policy objectives. See Code §§ 2.2-4300(C) & 2.2-3700(B).

Conversely, pursuant to Code § 2.2-4342(F) of the VPPA, trade secrets or proprietary information submitted by a Supplier in connection with a procurement transaction shall not be subject to public inspection under the VA FOIA (Code § 2.2- 3700 et seq.) if the Supplier:

1. invokes the protections of Code §2.2-4342 of the VPPA in writing prior to or upon submission of the data or other materials,

1. identifies specifically the data or other materials to be protected; and, iii). states the reasons why protection is necessary.

FAILURE TO COMPLY WITH THESE STATUTORY REQUIREMENTS WILL RESULT IN ALL PROPOSAL MATERIALS BEING SUBJECT TO RELEASE TO OTHER OFFERORS AND THE PUBLIC IN ACCORDANCE WITH THE VPPA AND THE VA FOIA.

Specifically, Suppliers may not designate as trade secrets or proprietary information (a) an entire proposal; (b) any portion of a proposal that does not contain trade secrets or proprietary information; or (c) line item prices or total proposal prices. Suppliers should not designate as trade secrets or proprietary information any more of their proposal than is necessary. The classification of an entire proposal or of pricing as a trade secret or proprietary information is not acceptable and will not be honored by VDOE or the Commonwealth.

In order to comply with Code § 2.2-4342(F) of the VPPA, Supplier must complete the table below to identify the items within its response to this RFP that it deems to contain proprietary information.

If the proposal does not contain any proprietary information, Supplier should clearly state that in the table on this form.

In addition to this Administrative Appendix B, Supplier shall also submit a redacted copy of each document in its proposal that is consistent with the requirements of this RFP and Administrative Appendix B. Supplier should only redact or black out the proprietary information and should not highlight or delete the proprietary information or remove the proprietary information in its entirety. IT IS SUPPLIER’S SOLE RESPONSIBILITY TO REDACT ANY PROPRIETARY INFORMATION, DATA, OR MATERIAL IN REDACTED COPIES OF ITS PROPOSAL DOCUMENTS. VDOE assumes no responsibility for release of proprietary information contained in redacted proposal documents.

Any item listed below shall have a corresponding Redacted file labeled in accordance with RFP SECTION 5. Proposal Format and be submitted with Supplier’s proposal.

Note to Supplier: You may add rows as needed or change the layout for this page to landscape.

(Summarize; do not repeat specific Proprietary Information here.)

Reason

Solicitation Number 201-26-045 Virginia Department of Education Page 3 of 5