Common use of Perfecting Contractor’s Claim of Proprietary Information Clause in Contracts

Perfecting Contractor’s Claim of Proprietary Information. The Contractor must identify Proprietary Information. The Contractor is responsible for identifying and segregating any document or information it claims is Proprietary Information of the Contractor. The Department Project Manager should be contacted for purposes of instruction on identifying Proprietary Information of the Contractor. The Department will only consider a claim of Proprietary Information if Contractor has identified and segregated the information for which the claim is being asserted and has provided a detailed legal analysis supporting the claim of Proprietary Information. Contractor must include with that claim the affidavit of legal counsel for Contractor, on the form provided by the Department, titled “AFFIDAVIT FOR PROPRIETARY INFORMATION CONFIDENTIALITY”, attesting to the legal counsel’s legal relationship to Contractor, acknowledging the primacy of federal and Montana law with respect to the claim, indemnifying the Department with respect to defense, and warranting Contractor’s responsibility for all legal costs and attorneys’ fees should the Department accept the claim and be subjected to administrative or legal contest. 19.3.2.1 The Department will not consider information claimed by Contractor to be Proprietary Information, including a claim by Contractor that information is a trade secret, if the information is available to the public without restriction through one or more other sources or the information has been legitimately released to the public otherwise by the Contractor or other parties. 19.3.2.2 The Department will provide Contractor timely notice of any administrative or legal request or contest from a third party seeking release of contractual and related information for which Contractor has properly made a claim that the information is Confidential Information as Proprietary Information. If the Department determines that such information is subject to the public right to know and must be released as requested, the Department will provide Contractor with notice of the intended release five working days prior to the date of the proposed release. The notice period is intended to allow Contractor to make arrangements, if desired, to intervene through an appropriate legal forum to contest the release.