CAMBIUM NOTICE OF INTENT TO SEEK PROTECTIVE ORDER (4903-6533-2319.1).pdf
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- Attached to
- 1601-26-R-RFIN-00017
- Solicitation number
- 3150006472
- Issued by
- Mississippi
About this file
This document is a series of legal correspondence and notifications regarding a public records request for Request for Proposal (RFP) No. 4642 involving the Mississippi Department of Information Technology Services (ITS), Cambium Assessment, Inc., Data Recognition Corporation (DRC), and Watkins & Eager PLLC. The RFP concerns records related to the evaluation, scoring, and decision-making process, including bid/proposal submissions, evaluation scoring sheets, consensus scores, evaluator notes, committee minutes, recommendation memos, final award decision documentation, and internal memos.
Cambium Assessment, Inc. submitted a bid for the RFP but was not awarded the contract. The company is seeking to prevent disclosure of what it considers confidential and proprietary information by filing a notice of intent to seek a protective order from the Hinds County Chancery Court. The records request was initiated by DRC, and Cambium asserts that the requested information includes trade secrets, sensitive financial data, proprietary product information, legal matter details, and internal policies. The company argues these materials are exempt from the Mississippi Public Records Act and should not be disclosed without appropriate legal protection.
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| File | Type | Posted |
|---|---|---|
| PROCUREMENT OPPORTUNITY AND PUBLIC NOTIFICATION SEARCH URL.pdf |
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VIA HAND DELIVERY & EMAIL
Craig P. Orgeron, CPM, Ph.D.
Executive Director, State Chief Information Officer Dept. of Information Technology Services 3771 Eastwood Drive Jackson, MS 39211
Kim White ITS Public Records Officer
(601) 432-8211 Kim.White@its.ms.gov
Data Recognition Corporation c/o Katie B. Lyons Watkins & Eager PLLC 400 East Capitol Street Jackson, MS 39201
(601) 965-1983 klyons@watkinseager.com
August 14, 2025
RE: Notice of Intent to Seek Protective Order under Miss. Code Ann. § 25-61-9
All:
Cambium Assessment, Inc. (“Cambium”) received notice from the Mississippi Department of Information Technology Services (“ITS”) that Data Recognition Corporation (“DRC”) submitted a request to obtain records maintained by ITS related to RFP No. 4642 (the “RFP”).
Among other things, DRC requested all records related to the evaluation, scoring, & decision-making process for the RFP, including bid proposals and submissions. A copy of DRC’s request and notice of the request from ITS to Cambium is attached.
Cambium submitted a bid in response to the RFP. Therefore, its information is subject to DRC’s request.1 Cambium has reviewed DRC’s request and determined that the information DRC seeks includes Cambium’s trade secret, confidential, and proprietary information, including without limitation, sensitive financial information, proprietary product information, information regarding legal matters, and information regarding its internal policies and procedures (collectively, the “Confidential Information”). The Confidential Information is exempt from the Mississippi Public Records Act of 1983 and should not be disclosed by ITS or any other public body with access to that information. See Miss. Code Ann. §§ 25-61-9(1)(a) and 79-23-1.
Given the confidential and proprietary nature of the Confidential Information, Cambium gives notice to ITS, Mississippi Department of Education (“MDE”), and DRC that it intends to
1 Compliance with Miss. Code Ann. § 25-61-9(7) is not required of Cambium because it was unsuccessful in its bid and not awarded a contract by ITS. Nevertheless, Cambium provides this notice out of an abundance of caution should ITS desire that all parties subject to a records request provide this notice. Cambium does not waive its rights to argue that Miss. Code Ann. § 25-61-9(7) is inapplicable and that this notice is not required of Cambium.
seek a protective order from the Hinds County Chancery Court preventing the disclosure of its Confidential Information.
Cambium respectfully requests that ITS immediately publish this notice on the Mississippi Procurement Portal.
Respectfully submitted, Haley F. Gregory, MS Bar No. 104532
BUTLER SNOW LLP
1020 Highland Colony Parkway, Suite 1400 Ridgeland, MS 39157 P: 601-985-4458 F: 601-985-4500 Haley.Gregory@butlersnow.com
Joshua A. Mullen, TN Bar No. 028388 Matthew P. Delfino, TN Bar No. 041525
WOMBLE BOND DICKINSON (US) LLP
1222 Demonbreun St., Suite 1201 Nashville, TN 37203 P: 202-857-4522 F: 202-261-0045 Josh.Mullen@wbd-us.com Matt.Delfino@wbd-us.com
Counsel for Cambium Assessment, Inc.
/s/ Matthew P. Delfino
| Cambium Notice of Intent to Seek Protective Order 4923-2898-7231 v.2.pdf |
| Notice of Public Records Request 4915-9891-6191 v.1.pdf |
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