BI NOTICE OF INTENT 48819.pdf

From: Michael Cory To: Kim White; Open Records Cc: DMC Paralegal Subject: FOIA Request - SCRAM Systems/BI Inc.

Date: Thursday, March 6, 2025 12:40:05 PM Attachments: TPNM SCRAM 2.27.25.pdf

Ms. White, I enjoyed speaking with you earlier today. As we discussed, I will be representing BI Incorporated in connection with the attached FOIA Request.

My client does intend to seek a protective order in the Hinds County Chancery Court pursuant to Miss. Code Ann. § 25-61-9. My client believes that the requested records include trade secrets or confidential commercial or financial information exempt from disclosure.

Please also confirm the date your office has for the delivery of the FOIA notice to my client.

Let me know if you have any questions or if there is anything else my client needs to do at this time.

Thank you for your assistance.

Michael V. Cory, Jr.

DANKS MILLER & CORY, PA

213 South Lamar Street Jackson, Mississippi 39201 Telephone: 601-957-3101 | P.O Box 1759 (39215-1759) Cell: 601-668-2832 | mc@dmclaw.net | www.danksmillercory.com This email may contain legally privileged and confidential information. If you are not the intended recipient, please do not read, copy, use, forward or disclose this communication to others. Also, if you have received this email in error, please immediately notify the sender by return email, and then delete this email from your system. Thank you.

mailto:mc@dmclaw.net mailto:Kim.White@its.ms.gov mailto:open.records@its.ms.gov mailto:paralegal@dmclaw.net mailto:mc@dmclaw.net file:////c/www.watkinseager.com

Third Party Notification Memorandum

To: Ms. Isabel Young, Executive Vice President, BI Incorporated

From: Craig P. Orgeron, CPM, Ph.D.

CC: Alexis Warren, SCRAM Systems ITS Project File Number: 48819

Date: February 27, 2025

Subject: Request for Records Furnished by Third Parties Containing Trade Secrets or Confidential Commercial or Financial Information under the Mississippi Public Records Act

Contact Name: Kim White, ITS Public Records Officer

Contact Phone Number: 601-432-8211

Contact E-Mail Address: Kim.White@its.ms.gov

COPY SENT VIA EMAIL; ORIGINAL SENT VIA UNITED STATES POSTAL SERVICE

ITS has received a request from a third party for copies of information you previously submitted to ITS.

Party requesting your information: SCRAM Systems 9702 Leopold Court, Louisville, KY 40272

A copy of the request is enclosed for your review.

In accordance with Miss. Code Ann. § 25-61-9(1), “records furnished to public bodies by third parties which contain trade secrets or confidential commercial or financial information shall not be subject to inspection, examination, copying or reproduction under this chapter until notice to third parties has been given, but the records shall be released no later than twenty-one (21) days from the date the third parties are given notice by the public body unless the third parties have filed in chancery court a petition seeking a protective order on or before the expiration of the twenty-one-day time period. Any party seeking the protective order shall give notice to the party requesting the information in accordance with the Mississippi Rules of Civil Procedure."

Further, Miss. Code Ann. § 25-61-9(7) also requires that “any party seeking a protective order for a procurement contract awarded by state agencies shall give notice to and provide the reasons for the protective order to the party requesting the information in accordance with the Mississippi Rules of Civil Procedure. The notice and reasons for the protective order must be posted on the Mississippi procurement portal for a minimum of seven (7) days before filing the petition seeking the protective order in chancery court.” (Emphasis added).

In accordance with ITS’s Public Records Policy, you must provide ITS with 14 days’ notice of the petition for protective order, including the reasons for the petition, prior to filing your petition in Chancery Court.

Michael Cory

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Third Party Notification Memorandum Page 2 of 3 Revised 08/08/2024

Pursuant to Miss. Code Ann. § 25-61-9(1) and the ITS Public Records Policy you are hereby given notice, that unless you file a petition seeking a protective order in accordance with Miss.

Code Ann. § 25-61-9 and the ITS Public Records Policy, which includes filing the petition for protective order on or before twenty-one days from the date of delivery of this notice as established by the United States Postal Service’s records or by the date of recipient’s written confirmation of delivery, whichever is earliest; the information specified on the attached request will be released to the party requesting the information as required by law. ITS must also receive a copy of your filed petition for a protective order by the 21-day deadline.

You may review the ITS Public Records Policy and associated guidelines adopted in compliance with this act in Section 019-010 of the ITS Procurement Handbook, available at:

https://www.its.ms.gov/sites/default/files/ProcurementPDFs/ISS%20Procurement%20Manual.pdf

PLEASE NOTE:

(1) Mississippi Accountability and Transparency Act of 2008 (MATA) and Confidential Information: The following language is included in each ITS contract, within the contract articles titled “Transparency” and “Confidential Information” and generally provides:

TRANSPARENCY – “In accordance with the Mississippi Accountability and Transparency Act of 2008, § 27-104-151, et seq., of the Mississippi Code of 1972, as Amended, the American Accountability and Transparency Act of 2009 (P.L. 111-5), where applicable, and § 31-7-13 of the Mississippi Code of 1972, as amended, where applicable, a fully executed copy of this Agreement and any subsequent amendments and change orders shall be posted to the State of Mississippi’s accountability website at:

https://www.transparency.mississippi.gov/. Prior to ITS posting the Agreement and any subsequent amendments and change orders to the website, any attached exhibits which contain trade secrets or other proprietary information and are labeled as “confidential” will be redacted by ITS. Notwithstanding the preceding, however, it is understood and agreed that pursuant to § 25-61-9(7) of the Mississippi Code of 1972, as amended, the contract provisions specifying the commodities purchased or the services provided; the price to be paid; and the term of this Agreement shall not be deemed a trade secret or confidential commercial or financial information and shall thus not be redacted.”

CONFIDENTIAL INFORMATION – “With the exception of any attached exhibits which are labeled as "confidential", the parties understand and agree that this Agreement, including any amendments and/or change orders thereto, does not constitute confidential information, and may be reproduced and distributed by the State without notification to vendor. ITS will provide third party notice to vendor of any requests received by ITS for any such confidential exhibits so as to allow vendor the opportunity to protect the information by court order as outlined in ITS Public Records Procedures.

The parties understand and agree that pursuant to § 25-61-9(7) of the Mississippi Code of 1972, as amended, the contract provisions specifying the commodities purchased or the services provided; the price to be paid;

and the term of this Agreement shall not be deemed confidential information.”

As stated above, with the exception of any contract exhibits labeled as “confidential” at the time of contract execution, contracts executed between the state of Mississippi and a

Third Party Notification Memorandum Page 3 of 3 Revised 08/08/2024

Contractor and any subsequent amendments and change orders shall be posted to the Internet in compliance with MATA and may be reproduced and distributed by the state without notification to vendor, and the contract provisions specifying the commodities purchased or the services provided; the price to be paid; and the term of the contract shall not be deemed a trade secret or confidential commercial or financial information and shall be available for examination, copying or reproduction. ITS will, as stated in the contract provisions set forth above, provide third party notice to vendor of requests received by ITS for any contract exhibits properly labeled as “confidential”, so as to allow vendor the opportunity to protect the information by court order as outlined in the ITS Public Records Policy. Contractors are directed to review the above applicable provisions within the ITS contract.

(2) It is the responsibility of BI Incorporated to notify any sub-contractors, that may have jointly participated in submitting a response to ITS, that confidential information has been requested.

Any questions related to this notice should be directed to Kim White at 601-432-8211 or via e-mail at open.records@its.ms.gov.

Enclosure