6-Trade Secret Form.pdf
PDF 27 KB Posted
- Attached to
- Planning Commission for a Recycling Center
- Solicitation number
- 26-16
- Issued by
- Montgomery County, Pennsylvania
About this file
This Trade Secret/Confidential Proprietary Information Notice Form is a template document used by counties to protect sensitive business information submitted by vendors in response to solicitations. The form requires submitting parties to identify which portions of their materials constitute trade secrets or confidential proprietary information, provide detailed explanations for the designations, and mark the submitted materials accordingly. The form explicitly excludes cost proposals, general technical information not related to specific business practices, publicly available information, and details regarding product names, quantities, and prices from trade secret protection. Submitting parties must complete all sections including their contact information, a brief overview of materials being submitted, the reason for submission, and a detailed list identifying which portions are claimed as proprietary with corresponding page numbers and explanations. The form requires an authorized signature with title and date, acknowledging the submitter's understanding of the county's public records obligations and retention schedules.
The submitter acknowledges that the county is not liable for disclosure of materials not clearly marked or accompanied by proper documentation, and the submitter agrees to defend any legal action challenging the trade secret claim and indemnify the county against all associated costs. The acknowledgment section specifies that this indemnification obligation survives as long as the county retains the materials and applies to all defense costs unless the submitter provides written notice withdrawing the trade secret claim. The submitter also acknowledges the county's right to reject claims of trade secret status if the submitter fails to meet the legal burden of proof, and that if only portions of submitted materials qualify for protection, the remaining materials will become public record. The document permits electronic signatures and is applicable to vendors responding to state and local contract opportunities in Pennsylvania, including those managed by Parkway School District and Montgomery County.
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Text version
Trade Secret/Confidential Proprietary Information Notice
Instructions:
The County 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 were accompanied 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. The County will not provide a submitting party any advice with regard to trade secret law.
Name of submitting party:
Contact information for submitting party:
Please provide a brief overview of the materials being submitted (e.g. bid proposal, grant application, technical schematics)
Please provide a brief explanation of why the materials are being submitted to the County (e.g. response to bid #12345, application for grant XYZ being offered by the Department of Health, documents required to be submitted under law ABC)
Please provide a list detailing which portions of the material being submitted you believe constitute a trade secret or confidential proprietary information, and please provide an explanation of why you think those materials constitute a trade secret or confidential proprietary information. Also, please mark the submitted material in such a way to allow a reviewer to easily distinguish between the parts referenced below. (You may attach additional pages if needed)
Note: The following information will not be considered a trade secret or confidential proprietary information:
Any information submitted as part of a vendor’s cost proposal Information submitted as part of a vendor’s technical response that does not pertain to specific business practices or product specification Information submitted as part of a vendor’s technical or disadvantaged 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 County
Page Number Description Explanation
Acknowledgment
The undersigned party hereby agrees that it has read and completed this form, and has marked the material being submitted in accordance with the instructions above. The undersigned party acknowledges that the County 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 County, its agents and employees, from any judgments awarded against the County in favor of the party requesting the materials, and any and all costs connected with that defense. This indemnification survives so long as the County 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 County stating that it no longer wishes to exempt the submitted material from public disclosure.
The undersigned acknowledges that the County is required to keep all records for at least as long as specified in its published records retention schedule.
The undersigned acknowledges that the County reserves the right to reject the undersigned’s claim of trade secret/confidential proprietary information if the County 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.
If being submitted electronically, the undersigned agrees that the mark below is a valid electronic signature.
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