Please be advised that this application, and all information and documentation submitted in connection to it, will be subject to the provisions of New Jersey’s Open Public Records Act (“OPRA”). If you wish to assert confidentiality regarding any of the information submitted, you must comply with the provisions of the Board’s procedures pertaining to the submission of information claimed to be confidential, set out at N.J.A.C. 14:1-12 et seq. [LINK] For purposes of claiming confidentiality with regard to a bid made in response to this solicitation, bidders shall submit with/upload with their bids 1) a redacted public copy, conforming to the requirements of N.J.A.C. 14:1-12.3, created by printing out a copy of the completed application, redacting the information claimed by the bidder to be confidential, and scanning the resulting document, and 2) a written affidavit, conforming to the requirements of N.J.A.C. 14:1-12.8, specifically justifying why confidential treatment is claimed for all redacted information the bidder wishes to keep confidential. The Board notes that it may elect to share confidential portions of the Application materials with other New Jersey government entities, including, but not limited to, NJDEP, and the New Jersey Department of Agriculture, during the evaluation period or post-award.
Bidders should be aware that a confidentiality claim made in accordance with the Board’s rules will ensure only that, in the event a records request is submitted seeking the claimed confidential information or the Board is otherwise required by law to disclose the information, bidders will receive notice and an opportunity to be heard prior to the public release of the information claimed to be confidential. The submission of a confidentiality claim does not guarantee that the Board’s Records Custodian, if required, will ultimately determine that the information claimed to be confidential should be kept confidential. In the event the Records Custodian determines information claimed to be confidential is not entitled to confidential treatment, that information is subject to public disclosure.