Attachment F - Trade Secret.pdf

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Attached to
RFP 26-23-TO GIS and GIS-Centric Platform Support Services
Solicitation number
RFP-123052
Issued by
Stafford County, Virginia

About this file

This is an Attachment F form for RFP No. 26-23-TO issued by Spotsylvania County, Virginia, detailing procedures for identifying and protecting trade secrets and proprietary information from public disclosure under the Virginia Freedom of Information Act (FOIA). Offerors submitting proposals must invoke protection under Section 2.2-4342(F) of the Code of Virginia in writing prior to or upon submission of any materials they wish to protect. Protected information must be clearly and specifically identified in the provided table, with documented reasons for withholding from disclosure. Any offeror that fails to identify protected information on the designated table releases the County from all claims related to public disclosure of such information and agrees to indemnify the County for associated costs and attorney's fees.

The form establishes that pricing information cannot be classified as proprietary or trade secrets; any attempt to classify pricing as protected will result in proposal rejection if the offeror does not withdraw the classification after being given reasonable time. By submitting a proposal, offerors acknowledge that any language seeking protection from public disclosure that is not identified on the trade secrets table is null and void and has no binding effect on the County. Offerors must check one of two boxes to indicate whether they seek protection from public disclosure or acknowledge that their submission contains trade secrets and/or proprietary information requiring identification.

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Attachment F RFP No. 26-23-TO | Page 1 of 1

Attachment F Trade Secrets/Proprietary Information Identification

Trade secrets or proprietary information submitted by any Offeror in connection with a procurement transaction shall not be subject to public disclosure under the Virginia Freedom of Information Act (FOIA), however, the Offeror must invoke the protection of §2.2-4342(F) of the Code of Virginia, in writing, prior to or upon submission of the data or other materials, and must clearly and specifically identify the data or other materials to be protected, and state the reasons why protection is necessary. The proprietary or trade secret material submitted must be identified by the Offeror in the table below.

If the Offeror fails to identify any protected information on the table below, the Offeror by return of this form, hereby releases the County and all of its employees from any and all claims, damages, demands or liabilities associated with the County’s release of such information, and agrees to indemnify it for all costs, expenses and attorney’s fees incurred by the County as a result of any claims made by Offeror regarding the release of such information. By submitting its Proposal, Offeror understands and agrees that any language seeking protection from public disclosure, any specific documents or information, unless identified on the table below, are null and void and of no legal or binding effect on the County. The classification of any pricing information as proprietary or trade secrets is not acceptable. If, after being given reasonable time, the Offeror refuses to withdraw such a classification designation, the proposal will be rejected.

Check one:

☐ Offeror does not seek protection from public disclosure.

☐ The following contains trade secrets and/or proprietary information (please list).

Page Number(s)

Section/Title Reason(s) for withholding from disclosure.

Finance | Procurement Division 8800 Courthouse Road | Spotsylvania, VA 22553

Phone: 540-507-7596

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