Section R19-3-503. Confidential Information

A.      If a person wants to assert that a person’s offer, specification, or protest contains a trade secret or other proprietary informa- tion, a person shall include with the submission a statement supporting this assertion. A person shall clearly designate the beginning and end of any information that is designated a trade secret or other proprietary information, using the term “confi- dential.” Contract terms and conditions, pricing, and informa- tion generally available to the public are not considered confidential information under this Section.

B.       Until a final determination is made under subsection (D), the procurement officer shall not disclose information designated as confidential under subsection (A) except to those individu- als deemed by the procurement officer to have a legitimate Lottery interest.

C.      Upon protest to a confidential submission, the procurement officer shall request that the offeror and protester submit fac- tual and legal comments on the issue by a date certain.

D.      After reviewing the statements or expiration of the time to comment, or both, the procurement officer shall make a deter- mination that:

1.        The designated information is confidential and the pro- curement officer shall not disclose the information except to those individuals deemed by the procurement officer to have a legitimate Lottery interest,

2.        The designated information is not confidential, or

3.        Additional information is required before a final confi- dentiality determination can be made.

E.       If the procurement officer determines that information submit- ted is not confidential, a person who made the submission shall be notified in writing. The notice shall include a time period for requesting a review of the determination. The pro- cedures and requirements for review in A.R.S. Title 41, Chap- ter 6, Article 10 apply to such a review by the Director.

F.       The procurement officer may release information designated as confidential under subsection (A) if:

1.        A request for review is not received by the procurement officer within the time period specified in the notice; or

2.        The Director, after review of the recommended findings of fact and conclusions of law, makes a written determi- nation that the designated information is not confidential.

Historical Note

Adopted as an emergency effective June 5, 1985, pursu- ant to A.R.S. § 41-1003, valid for only 90 days (Supp. 85- 3). Adopted as a permanent rule effective August 29, 1985 (Supp. 85-4). Former Section R4-37-503 renum- bered to R4-37-502, new Section R4-37-503 renumbered from R19-3-504 and amended effective May 7, 1990 (Supp. 90-2). R19-3-503 recodified from R4-37-503 (Supp. 95-1). Amended effective December 16, 1997 (Supp. 97-4). Amended by final rulemaking at 12 A.A.R.

4495, effective January 6, 2007 (Supp. 06-4). Amended by final rulemaking at 19 A.A.R. 1641, effective August 4, 2013 (Supp. 13-2).