Standard Bus Procurement Guidelines - APTAStandards.com
Standard Bus Procurement Guidelines - APTAStandards.com
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