Page 17 - The Edge - Summer 2021

PROCUREMENT

BY BILL MUNCH, CPPO, CPPB
Vendor ‘Confidential Information’ in Bids,

Request for Proposals
Bill Munch

This little article should not be considered legal advice “One thing to always keep in
but merely best practice recommendations based on our
School District Procurement Rules and my 30-plus years of mind is that pricing can never be
experience as a certified public procurement professional
working with vendors both locally and nationally. ‘confidential information’ since it
is the basis for the award.”
As I travel around this great state of ours, albeit mostly
virtually for the past several months, I continue to get
myriad questions about whether vendors can have what they request. The “confidential information” shall not be released
believe is “confidential information” withheld from the final until the final written determination is made. If the 10-day
public procurement file. Generally speaking, all information period has passed or the school district determines that the
received from vendors within their bid or proposal is public information is not “confidential,” then the school district
information, with the exception of that information deemed may release the information.
“confidential” by the school district.
Arizona School District Procurement Rule R7-2-1006 tells If the procurement file does contain information that is
us that “confidential information” would consist of trade confidential under R7-2-1006, a copy of the applicable
secrets or other proprietary data that would cause undue documents with the confidential information redacted shall
harm to the offeror, if disclosed. One thing to always keep in be placed in the procurement file for the purpose of public
mind is that pricing can never be “confidential information” inspection. The unredacted original copy of the confidential
since it is the basis for the award. Furthermore, an entire information shall be placed in a sealed envelope or other
proposal cannot be deemed “confidential.” Only the portion appropriate container, identified as confidential information,
that causes undue harm may be deemed as “confidential.” and maintained in the procurement file.

Bidders or offerors who believe their proposal contains It is my sincere hope this article sheds some light on
“confidential information” must include a statement “confidential information” in bids and proposals. Stay well
advising the school district of this in their submission and and I look forward to more in-person contact in the future
the information shall be so identified wherever it appears. and the curtailment of “Brady Bunch” Zoom meetings. We
Contract terms and conditions, pricing, and information could not have survived without them, but let’s hope they go
generally available to the public are not considered back to being the exception and not the rule.
“confidential information.” The school district must not
disclose “confidential information” until after a formal As always, I encourage vendors and school districts alike to
determination is made by the district. reach out to me with their procurement questions and issues.
Feel free to try to “Stump the Munch”! I am here to help and
Upon receipt of a submission designating information truly believe that strong vendors help us make strong school
as “confidential,” the school district shall make a districts.
written determination that the designated information is
“confidential” and the school district shall not disclose Until next time, may all your procurement dreams come true
the information, or that the designated information is not and may the procurement force be with you!
“confidential.” The school district may request additional
information to make the determination. Bill Munch, CPPO, CPPB is the Procurement Compliance
and Training Officer for Valley Schools Management Group,
The vendor may request a review of the district’s recipient of the 2018 AASBO Bill Lovett Award and the 2016
determination by filing in writing with the district within NIGP National Purchasing Manager of the Year. He provides
10 calendar days. The request for review shall state the consultation on public procurement matters for school districts
precise legal or factual errors in the district’s decision. If a and vendors across the state of Arizona and across the country.
request for review is received, the school district will then He may be reached at: bmunch@vsit.org.
issue a final written determination to the person filing the

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