K - Claim of Business Confidentiality - AV RFP 2025-0200-0044.docx
DOCX document 595 KB Posted
- Solicitation number
- ITB# 240002935-1, WWCC Building 10 Sewer Lift Stat
- Issued by
- Kenai Peninsula Borough, Alaska
About this file
This document is a Claim of Business Confidentiality form for a Request for Proposals (RFP) issued by the State of Alaska, specifically for Solicitation Number 2025-0200-0044 related to AV Equipment and Services. The form provides a mechanism for offerors to claim certain information within their proposal as confidential, proprietary, or protected, with strict guidelines for making such claims. Offerors must explicitly identify specific sections of their proposal, describe the confidential information, provide a basis for the claim, and offer an explanation for why the information should be considered confidential. The form emphasizes that pricing information and entire proposals cannot be marked as confidential.
The document outlines important procedural requirements, including that claiming confidentiality does not guarantee protection from potential disclosure under public information laws. Offerors must submit a redacted version of their proposal if claiming confidentiality, and failure to properly follow the specified process results in a waiver of confidentiality protections and potential liability claims against the State of Alaska, NASPO, and other related entities. The form requires a signature certifying the accuracy of the confidentiality claims, with the understanding that the representations made can be relied upon by the lead state for determining the validity of the claims.
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Text version
Request for Proposals for
[PORTFOLIO NAME]
Issued by the State of [Lead State] Solicitation Number: [#######]
Request for Proposals for AV Equipment and Services Issued by the State of Alaska Solicitation Number 2025-0200-0044 Attachment K
CLAIM OF BUSINESS CONFIDENTIALITY
Offeror’s Claims of Business Confidentiality. (Check one of the below.)
| ☐ | Offeror is not claiming any information within Offeror’s proposal as confidential, proprietary, or protected. (Check box and skip to Signature section below.) |
| ☐ | Offeror claims the information set forth in the table below as confidential, proprietary, or protected and will submit with Offeror’s proposal a redacted copy of Offeror’s proposal, which must be clearly marked as such. Offeror understands, acknowledges, and agrees to comply with the following: |
· The State of Alaska recognizes that some information an offeror submits might be confidential under the United States or the State of Alaska Constitution, a federal statute or regulation, or a State of Alaska statute: i.e., might be confidential business information (CBI). See, e.g., article 1, section 1 of the Alaska Constitution; AS 45.50.910 – 45.50.945 (the Alaska Uniform Trade Secrets Act); DNR v. Arctic Slope Regional Corp., 834 P.2d 134, 137-39 (Alaska 1991). Each of the following fields must be completed for each claim asserted by Offeror:
· Proposal Section Reference: The page, section, or paragraph in Offeror’s proposal containing the information claimed to be confidential, proprietary, or protected.
· Confidential Information: A description of the information claimed to be CBI.
· Basis for Claim: For each discrete set of such information, identify in writing, each authority the offeror asserts make the information CBI.
· Explanation: Explanation of how the information claimed to be confidential, proprietary, or protected meets the definition of one of the bases above.
· Offeror may not mark pricing or Offeror’s entire proposal as confidential, proprietary, or protected.
| Proposal Section Reference |
| Confidential Information |
| Basis for Claim |
| Explanation |
[Add additional rows as needed.]
Signature By signing below, the undersigned certifies under penalty of perjury that the representations made and the information provided herein are true and correct and may be relied upon by the Lead State for purposes of determining the validity of Offeror’s claim(s). Offeror understands that submission of a Claim of Business Confidentiality does not guarantee that information claimed by Offeror as confidential, proprietary, or protected will not be subject to disclosure in accordance with applicable public information laws, rules, and policies. Offeror further agrees that if Offeror fails to submit a redacted copy of Offeror’s proposal, or fails to claim information as confidential, proprietary, or protected in compliance with this RFP, Offeror releases the Lead State, NASPO, NASPO members, and entities represented on the Multistate Sourcing Team from any obligation to keep the information confidential and waives all claims of liability arising from disclosure of the information.
OFFEROR:
| __________________________________________ | __________________________________________ | |
| Signature | Date |
| __________________________________________ | __________________________________________ | |
| Printed Name | Title |
| __________________________________________ | __________________________________________ | |
| Email Address | Phone Number |
Page 2 of 9 – Attachment [X], RFP TERMS AND CONDITIONS
Attachment K, CLAIM OF BUSINESS CONFIDENTIALITY image1.png image2.png
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