doa-3027 Designation of Confidential and Proprietary Information.doc

DOC document 157 KB Posted

Attached to
Workers’ Compensation Center for Medicare Reporting Compliance Services (CMS Reporting)
Solicitation number
AD180727
Issued by
Wisconsin

About this file

This is a Designation of Confidential and Proprietary Information form issued by the State of Wisconsin Department of Administration, Division of Enterprise Operations, for use in conjunction with the Workers' Compensation Center for Medicare Reporting Compliance Services (CMS Reporting) contract opportunity. The form serves as a mechanism for bidders to formally designate specific pages or sections of their bid or proposal response as confidential and proprietary information protected under Wisconsin Statutes Section 19.36(5) and the Wisconsin Open Records Law. Bidders may request confidential treatment for information that qualifies as a trade secret, defined as information deriving independent economic value from not being generally known and being subject to reasonable efforts to maintain its secrecy. The form requires bidders to identify specific sections and page numbers they wish to protect, provide authorization signatures, and acknowledge that failure to submit the completed form may result in all bid materials being subject to public examination and copying.

Bidders must understand that bid prices are always considered public information upon opening and cannot be kept confidential under any circumstances. The form requires the authorized company representative to agree to defend any challenged confidentiality designations and to hold the state harmless for costs or damages resulting from the state's decision to withhold materials. The undersigned also agrees to hold the state harmless for any damages arising from the release of materials not specifically identified on the form as confidential. Bidders should note that the state considers other markings or designations of confidentiality within bid documents to be insufficient; only materials formally identified on this DOA-3027 form will receive confidential treatment. The completed form must be returned to the State Bureau of Procurement in Madison, Wisconsin.

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Text version

State of Wisconsin Department of Administration

DIVISION OF ENTERPRISE OPERATIONS

DOA-3027 (R07/2014)

s. 19.36(5), Wis. Stats

Return form to:

STATE BUREAU OF PROCUREMENT

101 E. WILSON ST., 6TH FL

P. O. BOX 7867

Madison, WI 53707

DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION

The attached material submitted in response to Bid/Proposal # includes proprietary and confidential information which qualifies as a trade secret, as provided in s. 19.36(5), Wis. Stats., or is otherwise material that can be kept confidential under the Wisconsin Open Records Law. As such, we ask that certain pages, as indicated below, of this bid/proposal response be treated as confidential material and not be released without our written approval.

Prices always become public information when bids/proposals are opened, and therefore cannot be kept confidential.

Other information cannot be kept confidential unless it is a trade secret. Trade secret is defined in s. 134.90(1)(c), Wis. Stats. as follows: "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique or process to which all of the following apply:

1.

The information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.

2.

The information is the subject of efforts to maintain its secrecy that are reasonable under the circumstances.

We request that the following pages not be released.

Section
Page #
Topic

In the event the designation of confidentiality of this information is challenged, the undersigned hereby agrees to provide legal counsel or other necessary assistance to defend the designation of confidentiality and agrees to hold the state harmless for any costs or damages arising out of the state's agreeing to withhold the materials.

Failure to include this form in the bid/proposal response may mean that all information provided as part of the bid/proposal response will be open to examination and copying. The state considers other markings of confidential in the bid/proposal document to be insufficient. The undersigned agrees to hold the state harmless for any damages arising out of the release of any materials unless they are specifically identified above.

Company Name

Authorized Representative

Signature

Authorized Representative

Type or Print

Date

This document can be made available in alternate formats to individuals with disabilities upon request.

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