Section Adm 604.11 - Claims of Confidentiality(a) Unless otherwise specified in the requirements of the bid, a vendor who wishes to make a claim that information submitted in connection with or in support of a bid, proposal, or quote is confidential and exempt from disclosure under RSA 91-A:5, shall: (1) Assert the claim at the time the bid, proposal, or quote is initially submitted by stamping or otherwise marking each page, or portion thereof, asserted to contain confidential information with the notation "confidential";(2) Provide a separate copy of the full and complete document, in which the portions identified as confidential pursuant to (a)(1), above shall be: a. Fully redacted by blacking them out or otherwise making them permanently unreadable; and b. Stamped or otherwise marked with the notation "confidential"; and(3) Provide a separate letter stating the legal authority for each claim of confidentiality asserted and for which a redaction has been made.(b) No claim of confidentiality shall be made by a vendor for any information:(1) Indicating proposed pricing;(2) Which is in the public domain; or(3) Which is not confidential pursuant to any applicable law or rule.(c) If a vendor makes no claim of confidentiality at the time of the initial submission, the entire submission shall be subject to disclosure either in response to specific requests for production of records under RSA 91-A or by posting online, if the division concludes that no portions of the submission are exempt from disclosure pursuant to law.(d) A claim of confidentiality shall not prevent disclosure of any information submitted in connection with or in support of a bid, proposal, or quote if: (1) The vendor fails to satisfy any of the requirements in (a), above;(2) The vendor marks the entire submission as confidential without specifically identifying the pages or portions thereof that are claimed to be confidential; or(3) The vendor fails to comply with any requirements or specifications of the bid, proposal, or quote relative to claims of confidentiality.N.H. Admin. Code § Adm 604.11
Adopted by Number 37, Filed September 14, 2023, Proposed by #13708, Effective 7/29/2023, Expires 7/29/2033 (see Revision Note at chapter heading for Adm 600).