Request for Protection for Trade Secrets form.pdf

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Attached to
Request for Qualifications (RFQ) – Mechanical, Electrical and Plumbing (MEP) Engineering Basic Ordering Agreement Professional Services (Re-advertisement)
Solicitation number
RFPQ-131025
Issued by
Fairfax County, Virginia

About this file

This is a Request for Protection of Trade Secrets or Proprietary Information form issued by the Commonwealth of Virginia on February 16, 2021, applicable to state and local contract opportunities governed by the Virginia Freedom of Information Act. The form provides vendors with a standardized mechanism to request confidential treatment of trade secrets and proprietary information submitted in response to solicitations. To receive protection, vendors must satisfy three mandatory requirements: invoke protection prior to or upon submission of materials, clearly identify the specific data or materials to be protected, and provide detailed reasoning for why protection is necessary for each distinct section of information.

The form establishes specific guidelines for proper designation of protected materials, prohibiting blanket classifications of entire documents, line-item prices, or total prices as proprietary or trade secrets. Vendors are required to use specific identification methods such as listing submittal sections, page numbers, attaching highlighted tables of contents, or utilizing document stamps to designate relevant materials (e.g., marked "Proprietary" or "Trade Secret"). Explanations for protection must substantively justify the need beyond simply asserting the materials are proprietary or not publicly available. Submission of this form does not guarantee protection, and vendors are encouraged to consult legal counsel prior to designating materials for protection, as the form does not constitute legal advice and vendors bear responsibility for meeting all prerequisites for trade secret protection.

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MEP RFQ Long.pdf PDF
MEP RFQ Short.pdf PDF

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Text version

February 16, 2021

Request for Protection of Trade Secrets or Proprietary Information

This form is provided as a courtesy to assist vendors desiring to protect trade secrets and proprietary information from disclosure under the Virginia Freedom of Information Act. In order to receive protection, you must (a) invoke the protection prior to or upon submission of the data or other materials, (b) identify the data or other materials to be protected, and (c) state the reason(s) why protection is necessary. Each of these requirements must be met with respect to the particular information for which protection is sought.

1. Submission of this form shall satisfy the invocation requirement with respect to data or other materials clearly identified herein.

2. Identification of the specific data or other material for which protection is sought.

Suggested forms of designation include: listing the submittal section, tab, or page numbers;

attaching to this form a copy of the table of contents from your submittal with the relevant trade secret or proprietary contents highlighted; or identifying herein a document stamp used within the submittal to designate the relevant materials (e.g. “all portions of the submittal marked “Proprietary” or “Trade Secret””). NOTE: The classification of an entire document, line-item prices, and/or total prices as proprietary or trade secrets is not acceptable and may result in disallowing the protection sought.

3. For each distinct section of data or other information identified in response to paragraph b), above, state the reason(s) why protection is necessary. NOTE: Your explanation must do more than simply stating the materials are “proprietary,” or “trade secrets,” or “not publicly available.” You may attach additional sheets to this form as needed.

Use of this form does not guarantee protection. It is incumbent upon each vendor to meet the prerequisites for protection of their trade secrets or proprietary information. Provision of this form does not constitute legal advice; you are encouraged to consult with your legal counsel prior to designation of materials for protection.

DATA/MATERIAL TO

BE PROTECTED

SECTION NO.,

& PAGE NO.

REASON WHY PROTECTION IS NECESSARY

BE PROTECTED:
PAGE NO:
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