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40 SECTION 2: MASTER AGREEMENT TERMS AND CONDITIONS | 2014_0122 <br /> <br />Trade Secret Information Form <br /> <br />Under Minnesota’s Data Practices Act, data submitted in a response becomes public upon completion of the <br />evaluation process and negotiations are complete, or upon completion of the selection process for a solicitation. <br />However, “trade secret information” as defined in Minn. Stat. § 13.37, subd. 1(b), cannot be disclosed to the public. <br />While the majority of data submitted in a response is not trade secret information, the following form is needed to <br />assist the State in making appropriate determinations about the release of data provided in a response. <br /> <br />All responders must select one of the following boxes: <br />□ My response does not contain “trade secret information.” I understand that my <br />entire response will become public record in accordance with Minn. Stat. § 13.591. <br />□ My response does contain trade secret information because it contains data that: <br />1. is a formula, pattern, compilation, program, device, method, technique or <br />process; AND <br />2. is the subject of efforts by myself or my organization that are reasonable <br />under the circumstances to maintain its secrecy; AND <br />3. derives independent economic value, actual or potential, from not being <br />generally known to, and not being readily ascertainable by proper means by, <br />other persons who can obtain economic value from its disclosure or use. <br /> <br /> <br />Complete only if trade secret status is asserted: <br /> <br />I am claiming that aspects of my response contain trade secret information. I have completed the <br />following: <br /> <br />□ I have clearly marked and placed any data I claim to be “trade secret information” in <br />a separate envelope AND I am attaching an explanation justifying the trade secret <br />designation. <br /> <br />Please note that failure to attach an explanation may result in a determination that the data <br />does not meet the statutory trade secret definition. All data that does not meet the <br />definition of trade secret as defined by Minn.Stat. § 13.591subd.1(b) will become public in <br />accordance with Minn. Stat. § 13.591. The State reserves its right to make its own <br />determination of Responder’s Trade Secret Materials. <br /> <br />By submitting this response, responder agrees to indemnify and hold the State, its agents and employees, harmless <br />from any claims or causes of action relating to the State’s withholding of data based upon reliance on the above <br />representations, including the payment of all costs and attorney fees incurred by the State in defending such an <br />action. <br /> <br />ONLY information properly identified utilizing this from will be eligible for Trade Secret designation. This form must <br />accompany any documentation that is being submitted for Trade Secret. This includes but is not limited to any <br />material that may be submitted as part of the solicitation response, or in relation to a subsequent Master Agreement. <br />Information labeled “confidential”, “proprietary”, or labeled with similar tags with regard to limiting the State’s <br />disclosure will NOT be eligible for trade secret designation unless the form provided in the solicitation is properly <br />completed and submitted as a cover page to the information, and it meets the statutory definition of a trade secret. By <br />submitting a response you agree that the information submitted that does not follow the trade secret process defined <br />herein and does not meet the statutory definition of trade secret may be released by the State without prior notification <br />to the responder and/or the Contract Vendor.