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Standard Bus Procurement Guidelines - APTAStandards.com

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<strong>Standard</strong> <strong>Bus</strong> <strong>Procurement</strong> <strong>Guidelines</strong><br />

1.1.4.6 CONFIDENTIAL INFORMATION<br />

NOTE: The following provision should be considered as a guideline for drafting a clause which is<br />

consistent with local laws.<br />

Access to government records is governed by the (city state or local law). Except as otherwise<br />

required by the (city state or local law), the Procuring Agency will exempt from disclosure<br />

proprietary information, trade secrets and confidential <strong>com</strong>mercial and financial information<br />

submitted in the bid. Any such proprietary information, trade secrets or confidential <strong>com</strong>mercial and<br />

financial information which an Offeror believes should be exempted from disclosure shall be<br />

specifically identified and marked as such. Blanket-type identification by designating whole pages or<br />

sections as containing proprietary information, trade secrets or confidential <strong>com</strong>mercial and financial<br />

information will not assure confidentiality. The specific proprietary information, trade secrets or<br />

confidential <strong>com</strong>mercial and financial information must be clearly identified as such.<br />

(a)<br />

(If it is possible under the local law to separate<br />

the confidential information from the bid) - The<br />

Offeror may (or shall) submit proprietary<br />

information, trade secrets or confidential<br />

<strong>com</strong>mercial and financial information, which an<br />

Offeror believes should be exempted from<br />

disclosure, in a separate volume specifically<br />

identified and marked as such as an appendix to<br />

the bid.<br />

(b) (Guideline option omitted)<br />

The following information is not required to be included in the Bid, but the Offeror shall make it<br />

available for review by the Procuring Agency:<br />

(Procuring Agency to insert requirements)<br />

Upon a request for records from a third party regarding this bid the Procuring Agency will notify in<br />

writing the party involved. The party involved must respond within 20 (twenty) calendar days with<br />

the identification of any and all “proprietary, trade secret, or confidential <strong>com</strong>mercial or financial”<br />

information and the party involved will indemnify the Procuring Agency’s defense costs associated<br />

with its refusal to produce such identified information; otherwise, the requested information may be<br />

released.<br />

The Procuring Agency shall employ sound business practices no less diligent than those used for the<br />

Procuring Agency's own confidential information to protect the confidence of all licensed<br />

General Contractual Provisions 45 10/18/07

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