6-Exhibit D - Proprietary Info Disclosure Form.pdf

DEPARTMENT OF ADMINISTRATIVE SERVICES

Procurement Division

RFP-_________: ___________________________________________________

Issued: ______________

Closes: ______________

1 | P a g e

PROPRIETARY INFORMATION

DISCLOSURE FORM

The attached material submitted in _____________________________________’s Proposal response to RFP-_______ contains information which qualifies as proprietary, confidential, and/or as trade secret under Wisconsin State Statutes §134.90: Uniform Trade Secrets Act or which qualifies as confidential under the Wisconsin Open Records Law, Wisconsin State Statutes §19.36: Limitations upon Access and Withholding. We request that the specific pages or documents listed below are treated as confidential and that Milwaukee County does not release these documents or pages without our written approval.

Please note that prices are always considered public information and can’t be kept confidential.

The County will not keep information confidential unless it qualifies as a trade secret. According to §134.90(1)(c) of the Wisconsin State Statutes, a “Trade Secret” is defined as:

• Information such as a formula, pattern, compilation, program, device, method, technique, or process that has independent economic value (either actual or potential) because that information isn’t generally known or easily discoverable through proper legal means by others who could benefit either financially or otherwise from its disclosure or use.

• Information that one or more parties protect from disclosure or maintain as secret in a manner that’s reasonable under the circumstances.

We request that Milwaukee County keeps the following information confidential1:

Section Page Number Topic

1 If all information does not fit in this chart, please attach additional pages as needed.

https://docs.legis.wisconsin.gov/document/statutes/134.90 https://docs.legis.wisconsin.gov/document/statutes/134.90 https://docs.legis.wisconsin.gov/document/statutes/19.36 https://docs.legis.wisconsin.gov/document/statutes/19.36

DEPARTMENT OF ADMINISTRATIVE SERVICES

Procurement Division

RFP-_________: ___________________________________________________

Issued: ______________

Closes: ______________

2 | P a g e

The undersigned acknowledges and agrees that:

• the County will only keep confidential the information the Offeror provided in this form.

• If the Offeror does not include this form in its Proposal response, or if it does not identify information in this form, that information may be open to examination and copying by third parties.

• Milwaukee County will not honor other markings of “confidential,” such as watermarks, in the Proposal documents.

The undersigned agrees to:

• Provide legal counsel and/or other necessary assistance to defend the confidentiality of the organization’s information identified in this document if the designation of confidentiality of any of the information is challenged.

• Hold Milwaukee County harmless from any costs or damages that arise from or are the result of either:

o The County’s agreement to withhold the organization’s identified confidential information, or o The County’s release of any materials or information not specifically identified as confidential by the

Offeror in this submitted document.

Offeror Legal Name:

Authorized Representative’s Name:

Authorized Representative’s Title:

Authorized Representative’s Signature: X Offeror's Authorized Representative

Date:

RFP #: