Exhibit N - Confidential or Proprietary Information 03.07.2024.docx

This is an Exhibit N form regarding Confidential or Proprietary Information from the Texas Department of Agriculture (TDA) for use in state and local contract solicitations. The form serves as a required submission document for respondents participating in the Re-Solicitation Hoist and Trolley Replacement procurement opportunity in Texas. The exhibit addresses compliance with the Texas Public Information Act (PIA) by requiring respondents to declare whether their proposal submissions contain confidential or proprietary information that should be protected from public disclosure. Respondents must select one of three checkbox options: confirming that the submitted proposal is exempt from PIA disclosure and clearly marked as containing confidential or proprietary information, confirming that confidential or proprietary information is included with a separate Public Information Act Copy submitted per solicitation requirements, or confirming that no confidential or proprietary information is contained in the proposal. The form requires completion with the respondent's printed name, authorized company name, authorized signature, and submission date.

The TDA emphasizes that under the PIA, all information held by governmental bodies is subject to public disclosure unless it qualifies for specific statutory exceptions. The agency is obligated to provide notice to affected third parties if public information requests seek their proprietary or confidential information, allowing those parties an opportunity to protect such materials. The form cautions that blanket or non-specific assertions of confidential or proprietary status may result in adverse rulings from the Office of the Texas Attorney General. This exhibit was revised as of March 7, 2024, and represents a standard compliance mechanism for protecting legitimate business confidentiality while maintaining governmental transparency obligations.