Attachment D Confidentiality of Proposals and Certification of Indemnifications - Subcontractor.docx

DOCX document 19 KB Posted

Attached to
eClearance # 1602869: 2018 NSLP Commodity Processing
Solicitation number
RFP IHGA 2017000139 4
Issued by
Denver County, Denver City, Colorado

About this file

This is a confidentiality and indemnification certification document for subcontractors responding to a State of Colorado contract opportunity. The document establishes the state's policy that fully marked confidential proposals or those with significant confidential portions will not be accepted. All proposals remain confidential until contract award, at which time both successful and unsuccessful vendors' technical and cost proposals become public information. Vendors must submit confidential information in a separate, clearly marked envelope or binder according to submittal instructions. If vendors fail to comply with labeling and packaging requirements, the state assumes no responsibility for information protection and will release proposals as submitted. In cases where a governing board serves as the final authority, public discussion of proposals may occur in open meetings, though proposals themselves remain confidential until award.

The subcontractor certification requires vendors to acknowledge their responsibility for protecting labeled information and to defend and indemnify the State of Colorado for honoring confidentiality designations. The document specifies that failure to properly protect labeled information constitutes a complete waiver, making all submitted information subject to public release. Additionally, if the state releases any unlabeled information, the vendor waives all claims for damages resulting from such release. Subcontractors must certify whether their proposal contains confidential information, trade secrets, and/or proprietary information as defined in the solicitation's acronyms and definitions section by signing and dating the certification form.

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Attachment D

CONFIDENTIALITY OF PROPOSALS AND CERTIFICATION OF INDEMNIFICATION

SUBCONTRACTOR

Submitted proposals, which are marked “confidential” in their entirety, or those in which a significant portion of the submitted proposal is marked “confidential” will not be accepted by the State of Colorado. All proposals are confidential until the contract is awarded; at which time, both successful and unsuccessful vendors’ technical and cost proposals become public information. In accordance with the Submittal Instructions of this document, vendors are requested to submit confidential information in a separate envelope or binder marked “confidential.”

The State will not be responsible for any information contained within the proposal should vendors not comply with the labeling and packaging submission requirements, proposal will be released as submitted. In the event a governing board acts as the final authority, there may be public discussion regarding the submitted proposal that will be in an open meeting format, the proposals will remain confidential.

By signing below, I understand it is my responsibility as the vendor to act in protection of the labeled information and agree to defend and indemnify the State of Colorado for honoring such designation. I duly realize failure to so act will constitute a complete waiver and all submitted information will become public information; additionally, failure to label any information that is released by the State shall constitute a complete waiver of any and all claims for damages caused by the release of the information.

This proposal contains either Confidential Information, Trade Secrets and/or Proprietary information as defined in Section III, “ACRONYMS/DEFINITIONS.”

YES__________

NO___________

SIGNATURE ___________________________________________________
SubcontractorDate

PRINT NAME ________________________________

Subcontractor

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