Section R2-7-103. 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 any trade secret and other proprietary information, using the term “confidential”. Contract terms and conditions, pricing, and information generally available to the public are not consid- ered confidential information under this Section.

B.       Until a final determination is made under subsection (C), an agency chief procurement officer shall not disclose informa- tion designated as confidential under subsection (A) except to those individuals deemed by an agency chief procurement officer to have a legitimate state interest.

C.      Upon receipt of a submission, an agency chief procurement officer shall make one of the following written determinations:

1.        The designated information is confidential and the agency chief procurement officer shall not disclose the information except to those individuals deemed by the agency chief procurement officer to have a legitimate state interest;

2.        The designated information is not confidential; or

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

D.      If an agency chief procurement officer determines that infor- mation submitted 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 determina- tion by the state procurement administrator.

E.       An agency chief procurement officer may release information designated as confidential under subsection (A) if:

1.        A request for review is not received by the state procure- ment administrator within the time period specified in the notice; or

2.        The state procurement administrator, after review, makes a written determination that the designated information is not confidential.

Historical Note

Adopted as an emergency effective January 1, 1985, pur- suant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-6). Emergency expired. Permanent rule adopted effec- tive April 3, 1985 (Supp. 85-2). Section repealed; new Section made by final rulemaking at 12 A.A.R. 508, effective April 8, 2006 (Supp. 06-1).