Rule 665-2-11-.01 - Confidentiality(1) The offeror may designate documents or records as proprietary or a trade secret however this may not prevent disclosure under the Georgia Open Records Act (O.C.G.A. 50-18-70et seq.). Only documents or records meeting the criteria for an exemption of the Georgia Open Records Act can be kept from disclosure by GTA pursuant to a valid Open Records Request. Documents or records that the offeror does not wish disclosed must be identified on each page in boldface at the top and bottom as "CONFIDENTIAL," along with a cite as to the relevant legal authority exempting the materials from disclosure. Cost information shall not be deemed confidential. Offerors are put on notice that the mere identification and citing of relevant authority may not obviate a disclosure under the Georgia Open Records Act.(2) To promote maximum competition and to protect the public competitive procedure from being used to obtain information that would normally not be available otherwise, the agency that issued the solicitation document may maintain the confidentiality of trade secrets, and other procurement materials, and like information as the CIO or his designee or the agency's executive officer or his designee may determine necessary to ensure the integrity of the public purchasing process.Ga. Comp. R. & Regs. R. 665-2-11-.01
O.C.G.A. Secs. 50-25-7.3, 50-25-4.
Original Rule entitled "Confidentiality" adopted. F. Apr. 16, 2001; eff. May 6, 2001.