DOA-3027 Designation of Confidential and Proprietary Information.docx
DOCX document 51 KB Posted
- Solicitation number
- S-0627 DCTS-17
- Issued by
- Wisconsin
About this file
This is a Designation of Confidential and Proprietary Information form submitted by a bidder to the Wisconsin Department of Health Services, Bureau of Strategic Sourcing, in response to Bid/Proposal #S0419 DMS17 for Preadmission Screening and Resident Reviews (PASRR) Level II Screens. The form allows bidders to designate specific pages of their bid response as confidential or proprietary information qualifying as trade secrets under Wisconsin Statutes Section 19.36(5). Bidders must specifically identify which pages contain trade secrets—defined as information deriving independent economic value from not being generally known and being subject to reasonable efforts to maintain secrecy. The form serves as the official mechanism for requesting confidential treatment of bid materials, with the understanding that pricing information always becomes public upon bid opening and cannot be withheld.
The bidder agrees to provide legal counsel and hold the state harmless for any costs or damages arising from defending the confidentiality designation. Failure to submit this completed form with the bid response may result in all submitted information being subject to public examination and copying under Wisconsin's Open Records Law. The state does not recognize other confidentiality markings within bid documents as sufficient; only materials specifically identified on this form will receive confidential treatment. The bidder also assumes liability for any damages resulting from release of unmarked materials, unless those materials are explicitly listed on the form as designated for confidential treatment.
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Text version
State of Wisconsin
DEPARTMENT OF HEALTH SERVICES
BUREAU OF STRATEGIC SOURCING
DOA-3027 (R07/2014)
s. 19.36(5), Wis. Stats
Return form to:
(sEE rfp SECTION 2.6.1, TAB 3)
DESIGNATION OF CONFIDENTIAL AND PROPRIETARY INFORMATION
The attached material submitted in response to Bid/Proposal #S‑0419 DMS‑17 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.
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