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.