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Can information submitted with a solicitation response be identified as confidential or proprietary?

Yes. When responding to a solicitation, state Bidders proposing confidentiality of response must adhere to the requirements outlined within the Bidder Instructions document provided by the state agency within the published solicitation. Detailed instructions regarding confidentiality requests may be found in Sections 6 and 8.2C of the Bidder Instructions.

No portion of a Bid shall be considered confidential after award of the Contract except, pursuant to 74 O.S. §85.10, information in the Bid deemed confidential by the State Purchasing Director or delegate. Unless otherwise specified in the Oklahoma Open Records Act, Central Purchasing Act, or other applicable law, documents and information a Bidder submits as part of or in connection with a Bid are public records and are subject to disclosure after contract award pursuant to OAC 260:115-3-9.

Failure to fully comply with instructions regarding proposed confidential information shall result in the proposed information being deemed NOT confidential and will be subject to an Open Records request.      

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