SPD-SP044SampleTradeSecretAffidavit (2)

This is a Trade Secret Affidavit template document designed for use in confidential procurement processes. The affidavit serves as a formal declaration that allows bidders or vendors to designate specific information submitted in response to a government solicitation as trade secrets or confidential proprietary information. The document requires the affiant to swear or affirm under penalty of perjury that the marked information qualifies as a trade secret under applicable state law, typically defined as information that derives independent economic value from not being generally known and is subject to reasonable efforts to maintain its secrecy. The form establishes the legal mechanism by which contractors can protect sensitive business information, such as pricing formulas, manufacturing processes, technical specifications, or other proprietary data, from public disclosure during the bidding and contract award process.

The affidavit requires specific identification of the trade secret information, including the document or section where it appears and a detailed explanation of why the information qualifies for trade secret protection. The document must be executed by an authorized representative of the submitting entity and may require notarization depending on the procuring agency's requirements. This template is typically used across multiple state and local government jurisdictions to standardize the process for handling confidential business information in competitive solicitations, ensuring consistent protection while maintaining public accountability and fair competition among bidders. The affidavit becomes part of the official procurement record and serves as the basis for the government's determination regarding the releasability of information under public records requests.