Administrative Appendix B_Supplier Proprietary Form.docx
DOCX document 24 KB Posted
- Solicitation number
- RFP-122771
- Issued by
- Richmond City, Roanoke City, Virginia
About this file
This is an Administrative Appendix form for RFP 201-26-040, a Child Nutrition Information Management System solicitation issued by the Virginia Department of Education (VITA). The document establishes requirements and procedures for suppliers submitting proprietary information claims as part of their proposal responses. Suppliers may invoke statutory protections under Virginia Code 2.2-4342(F) of the Virginia Public Procurement Act (VPPA) to shield trade secrets and proprietary information from public disclosure, provided they comply with specific procedural requirements including written invocation of protections, specific identification of protected materials, and documented justification for protection necessity. Suppliers must complete a table identifying proposal sections containing proprietary information and submit redacted copies of proposal documents with proprietary content blacked out. The document explicitly prohibits designating entire proposals, pricing information, or non-proprietary proposal portions as trade secrets.
The form clarifies that all data, materials, and documentation originated for VITA shall be subject to public inspection under Virginia FOIA unless proper protection claims are filed. Suppliers bear sole responsibility for accurate redaction of proprietary information in submitted documents, and VITA assumes no liability for inadvertent disclosure of protected materials in redacted copies. The document warns that failure to comply with statutory designation requirements will result in all proposal materials being released to other offerors and the public in accordance with the VPPA and Virginia FOIA.
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Text version
Administrative Appendix B – Supplier Proprietary Information Form VITA 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 VITA pursuant to the RFP shall rest exclusively with VITA and shall be subject to public inspection in accordance with Code §2.2-4342 of the VPPA.
Procurement and contract records are generally public records open to inspection in accordance with the VA (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 RELEAS 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 VITA 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. VITA 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 submitted with Supplier’s proposal.
Note to Supplier: You may add rows as needed or change the layout for this page to landscape.
| Proposal Document |
| Section and Page Number |
| Proprietary Information |
(Summarize; do not repeat specific Proprietary Information here.)
Reason
Solicitation number 201-26-040 VITA Page 3 of 5
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