Attachment 4 doa-3027 28265-RH.doc

DOC document 88 KB Posted

Attached to
Model Year 2017 or Newer Medium/Heavy Duty Truck
Solicitation number
28265-RH
Issued by
Wisconsin

About this file

This is a Designation of Confidential and Proprietary Information form submitted by a bidder to the State of Wisconsin Department of Administration in response to Bid/Proposal #28265-RH for Model Year 2017 or newer Medium/Heavy Duty Truck purchases. The form allows bidders to designate specific pages of their bid response as confidential and proprietary information qualifying as trade secrets under Wisconsin Statutes section 19.36(5) or other material protected under the Wisconsin Open Records Law. The procurement is intended to establish contracts for medium/heavy duty truck purchases that will be utilized by State Agencies, including University of Wisconsin System campuses, and eligible participants in the State of Wisconsin's cooperative purchasing program.

The form stipulates that pricing information always becomes public record upon bid opening and cannot be withheld as confidential. All other information may only be kept confidential if it qualifies as a trade secret, defined as information deriving independent economic value from not being generally known and being subject to reasonable efforts to maintain secrecy. Bidders must specifically identify pages they wish to designate as confidential by section and page number; failure to submit this form or use alternative confidentiality markings may result in the entire bid response being subject to public examination and copying. The bidder agrees to provide legal counsel and hold the state harmless for any costs or damages arising from defending the confidentiality designation or from any release of materials not specifically identified on the form.

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Text version

State of Wisconsin Department of Administration

DIVISION OF ENTERPRISE OPERATIONS

DOA-3027 (R07/2014)

s. 19.36(5), Wis. Stats

Return form to:

STATE BUREAU OF PROCUREMENT

101 E. WILSON ST., 6TH FL

P. O. BOX 7867

Madison, WI 53707

DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION

The attached material submitted in response to Bid/Proposal #28265-RH includes proprietary and confidential information which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or is otherwise material that can be kept confidential under the Wisconsin Open Records Law. As such, we ask that certain pages, as indicated below, of this bid/proposal response be treated as confidential material and not be released without our written approval.

Prices always become public information when bids/proposals are opened, and therefore cannot be kept confidential.

Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in s. 134.90(1)(c), Wis. Stats. as follows: "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique or process to which all of the following apply:

1.

The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.

2.

The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.

We request that the following pages not be released.

Section
Page #
Topic

In the event the designation of confidentiality of this information is challenged, the undersigned hereby agrees to provide legal counsel or other necessary assistance to defend the designation of confidentiality and agrees to hold the state harmless for any costs or damages arising out of the state's agreeing to withhold the materials.

Failure to include this form in the bid/proposal response may mean that all information provided as part of the bid/proposal response will be open to examination and copying. The state considers other markings of confidential in the bid/proposal document to be insufficient. The undersigned agrees to hold the state harmless for any damages arising out of the release of any materials unless they are specifically identified above.

Company Name

Authorized Representative

Signature

Authorized Representative

Type or Print

Date

This document can be made available in alternate formats to individuals with disabilities upon request.

File details come from the government source that posted it. Updated .