Conf. and Commitment to Defend 12.20.pdf

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Attached to
T3128 eProcurement System and Services for DPMC
Solicitation number
22DPP00668
Issued by
Mercer County, New Jersey

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This document is a Confidentiality and Commitment to Defend agreement from the State of New Jersey Department of the Treasury - Division of Purchase and Property for a bid solicitation (Bid Solicitation 22DPP00668 T3128) related to an eProcurement System and Services for the Department of Property Management and Construction (DPMC). The bid solicitation advises vendors that submitted quotes can be released to the public under the New Jersey Open Public Records Act or common law right to know, and outlines the process for vendors to request redactions of confidential, proprietary, or trade secret information from their quotes. The bid solicitation is for state and local jurisdictions, specifically Mercer County and Trenton City. Vendors must identify the specific sections, pages, paragraphs, and lines they wish to have redacted, along with the statutory or legal justification for each requested exemption. The state reserves the right to make the final determination on what information is subject to public disclosure.

The document also includes a commitment from the vendor to defend and cooperate in the defense of any action against the state related to the non-disclosure of documents requested under the Open Public Records Act, and to indemnify and hold the state harmless against any resulting judgments, costs, or attorneys' fees. The vendor must be duly authorized to make this commitment on behalf of the company.

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CONFIDENTIALITY AND COMMITMENT TO DEFEND

STATE OF NEW JERSEY

DEPARTMENT OF THE TREASURY - DIVISION OF PURCHASE AND PROPERTY

33 WEST STATE STREET, P.O. BOX 230 TRENTON, NEW JERSEY 08625-0230

New Jersey Is an Equal Opportunity Employer • Printed on Recycled and Recyclable Paper

BID SOLICITATION # AND TITLE:

The Bid Solicitation advises Vendors {Bidders} (hereinafter “Company”) that the submitted “Quotes can be released to the public pursuant to N.J.A.C. 17:12-1.2(b) and (c), or under the New Jersey Open Public Records Act (OPRA), N.J.S.A.

47:1A-1.1 et seq., or the common law right to know.”

In the event that the Division receives a request for documents related to above referenced Bid Solicitation, in accordance with its statutory obligations under the New Jersey Open Public Records Act and/or the common law right to know, it is the Division’s intent to fulfill the request for records which may include a copy of the Company’s Quote.

If Company objects to the disclosure of any portions of the Quote, the Company must advise the Division and must attach a detailed statement clearly identifying those sections of the Quote that Company claims are exempt from disclosure. In requesting any exemption, Company must identify the specific statutory or other legal justification for each requested exemption and the factual basis that supports said exemption.

In addition, if Company requests any exemption to disclosure of the Quote based upon claims of confidential/proprietary information and trade secrets (setting forth the nature of the formula, process, pattern, device or compilation), Company must also indicate the following with respect to the requested exemption:

(1) the extent to which the information is known outside the owner’s business;

(2) the extent to which it is known by employees and others involved with your business;

(3) the extent of the measures taken by your firm to guard the secrecy of the information;

(4) the value of the information to your firm and your competitors;

(5) the amount of effort or money expended by your firm in developing the information; and

(6) the ease or difficulty with which the information could be properly acquired or duplicated by others.

[Ingersoll-Rand Co. v. Ciavatta, 110 N.J. 609 (1988)].

Further, if the Quote includes any copyright notices, within five business days, the Division will be permitted to release a copy of the Quote document(s) unless Company serves the Division with an order from a court of competent jurisdiction precluding such release.

The State reserves the right to make the final determination as to what is and is not subject to public disclosure under OPRA and/or the common law right to know, and will advise the Company accordingly. Please note that the State will not honor any claim of confidential, proprietary, trade secret, and/or copyright material that is not supported by a specific statutory or legal justification provided by the Company. The State will not honor any attempts by the Company to designate the entire Quote as proprietary, confidential and/or to claim copyright protection for its entire Quote.

Accordingly, in order to assist the Division with the fulfillment of potential document requests, please select one of the following:

The Company’s Quote does not include any confidential, proprietary and/or trade secrets; and therefore, the Company does not request any redactions be made prior to the release of the documents.

OR

The Company’s Quote does include confidential, proprietary and/or trade secrets; and therefore, the Company requests that certain portions of the Quote be redacted prior to the release of the documents.

The requested redactions are set forth in the attached statement which specifically identifies the portions of the Quote by section, page number, paragraph and or line; and identifies the specific statutory or other legal reason for each requested exemption.

In the event of any challenge to the Company’s assertion of confidential/proprietary information, the Company shall be solely responsible for defending its designation.

Company agrees that it shall defend and cooperate in the defense of an action against the State of New Jersey arising from or related to the non-disclosure, due to the Company’s request, of documents submitted to the State of New Jersey, and relating to a Quote submitted by the Company in response to the above referenced Bid Solicitation, which was the subject of a request for government records under the New Jersey Open Public Records Act, N.J.S.A. 47:1A-1 et seq. (“OPRA”), or the common law right to know.

The Company further agrees to indemnify and hold harmless the State against any judgments, costs, or attorneys’ fees assessed against the State in connection with any action arising from, or related to, the non-disclosure, due to the Company’s request, of documents submitted to the State, which are the subject of a request for government records under OPRA.

The Company makes the forgoing agreement with the understanding that the State may immediately disclose any documents withheld without further notice if the Company ceases to cooperate in the defense of an action against the State arising from or related to the above described non-disclosure due to the Company’s request, and will disclose such documents withheld if so ordered by a court of competent jurisdiction.

The undersigned certifies that s/he is duly authorized to make this commitment on behalf of the Company.

Company Name

Signature Date

Print Name and Title

New Jersey Is an Equal Opportunity Employer • Printed on Recycled and Recyclable Paper

DESCRIPTION OF VENDOR REQUESTED QUOTE REDACTIONS

Quote Section, Form or Document

Page Number

Paragraph and/or line

Description of Item to be redacted

Statutory or other legal reason for each requested exemption

BID SOLICITATION AND TITLE: Bid Solicitation 22DPP00668 T3128 eProcurement System and Services for DPMC
Company Name:
Date:
Print Name and Title:
Quote Section Form or DocumentRow1:
Page NumberRow1:
Paragraph andor lineRow1:
Description of Item to be redactedRow1:
Statutory or other legal reason for each requested exemptionRow1:
Quote Section Form or DocumentRow2:
Page NumberRow2:
Paragraph andor lineRow2:
Description of Item to be redactedRow2:
Statutory or other legal reason for each requested exemptionRow2:
Quote Section Form or DocumentRow3:
Page NumberRow3:
Paragraph andor lineRow3:
Description of Item to be redactedRow3:
Statutory or other legal reason for each requested exemptionRow3:
Quote Section Form or DocumentRow4:
Page NumberRow4:
Paragraph andor lineRow4:
Description of Item to be redactedRow4:
Statutory or other legal reason for each requested exemptionRow4:
Quote Section Form or DocumentRow5:
Page NumberRow5:
Paragraph andor lineRow5:
Description of Item to be redactedRow5:
Statutory or other legal reason for each requested exemptionRow5:
Quote Section Form or DocumentRow6:
Page NumberRow6:
Paragraph andor lineRow6:
Description of Item to be redactedRow6:
Statutory or other legal reason for each requested exemptionRow6:
Quote Section Form or DocumentRow7:
Page NumberRow7:
Paragraph andor lineRow7:
Description of Item to be redactedRow7:
Statutory or other legal reason for each requested exemptionRow7:
Quote Section Form or DocumentRow8:
Page NumberRow8:
Paragraph andor lineRow8:
Description of Item to be redactedRow8:
Statutory or other legal reason for each requested exemptionRow8:
Quote Section Form or DocumentRow9:
Page NumberRow9:
Paragraph andor lineRow9:
Description of Item to be redactedRow9:
Statutory or other legal reason for each requested exemptionRow9:
Quote Section Form or DocumentRow10:
Page NumberRow10:
Paragraph andor lineRow10:
Description of Item to be redactedRow10:
Statutory or other legal reason for each requested exemptionRow10:
Quote Section Form or DocumentRow11:
Page NumberRow11:
Paragraph andor lineRow11:
Description of Item to be redactedRow11:
Statutory or other legal reason for each requested exemptionRow11:
Quote Section Form or DocumentRow12:
Page NumberRow12:
Paragraph andor lineRow12:
Description of Item to be redactedRow12:
Statutory or other legal reason for each requested exemptionRow12:
Quote Section Form or DocumentRow13:
Page NumberRow13:
Paragraph andor lineRow13:
Description of Item to be redactedRow13:
Statutory or other legal reason for each requested exemptionRow13:
Quote Section Form or DocumentRow14:
Page NumberRow14:
Paragraph andor lineRow14:
Description of Item to be redactedRow14:
Statutory or other legal reason for each requested exemptionRow14:
Quote Section Form or DocumentRow15:
Page NumberRow15:
Paragraph andor lineRow15:
Description of Item to be redactedRow15:
Statutory or other legal reason for each requested exemptionRow15:
Quote Section Form or DocumentRow16:
Page NumberRow16:
Paragraph andor lineRow16:
Description of Item to be redactedRow16:
Statutory or other legal reason for each requested exemptionRow16:
Quote Section Form or DocumentRow17:
Page NumberRow17:
Paragraph andor lineRow17:
Description of Item to be redactedRow17:
Statutory or other legal reason for each requested exemptionRow17:
Quote Section Form or DocumentRow18:
Page NumberRow18:
Paragraph andor lineRow18:
Description of Item to be redactedRow18:
Statutory or other legal reason for each requested exemptionRow18:
Quote Section Form or DocumentRow19:
Page NumberRow19:
Paragraph andor lineRow19:
Description of Item to be redactedRow19:
Statutory or other legal reason for each requested exemptionRow19:
Quote Section Form or DocumentRow20:
Page NumberRow20:
Paragraph andor lineRow20:
Description of Item to be redactedRow20:
Statutory or other legal reason for each requested exemptionRow20:
Quote Section Form or DocumentRow21:
Page NumberRow21:
Paragraph andor lineRow21:
Description of Item to be redactedRow21:
Statutory or other legal reason for each requested exemptionRow21:
Quote Section Form or DocumentRow22:
Page NumberRow22:
Paragraph andor lineRow22:
Description of Item to be redactedRow22:
Statutory or other legal reason for each requested exemptionRow22:
Quote Section Form or DocumentRow23:
Page NumberRow23:
Paragraph andor lineRow23:
Description of Item to be redactedRow23:
Statutory or other legal reason for each requested exemptionRow23:
Quote Section Form or DocumentRow24:
Page NumberRow24:
Paragraph andor lineRow24:
Description of Item to be redactedRow24:
Statutory or other legal reason for each requested exemptionRow24:
Quote Section Form or DocumentRow25:
Page NumberRow25:
Paragraph andor lineRow25:
Description of Item to be redactedRow25:
Statutory or other legal reason for each requested exemptionRow25:
Quote Section Form or DocumentRow26:
Page NumberRow26:
Paragraph andor lineRow26:
Description of Item to be redactedRow26:
Statutory or other legal reason for each requested exemptionRow26:
Check Box1: Off
Check Box2: Off
Signature:

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