N.Y. Comp. Codes R. & Regs. tit. 18 § 340.11

Current through Register Vol. 46, No. 45, November 2, 2024

Section 340.11 - Trade secrets received in conjunction with procurement and contract monitoring activities

(a) The records access officer of the department shall be responsible for the custody, inspection and study of records actually or potentially containing trade secrets submitted by actual and potential contractual agents of the department, to which access may be denied pursuant to paragraphs (c) and (d) of subdivision 2 of section 87 of the Public Officers Law and for monitoring inquiries relating to trade secrets.

(b)

(1) Records believed to contain trade secrets shall be subject to general access only by employees or officials or others acting as agents of the department who need such records in connection with the evaluation of a contract bid proposal issued by the department or performed in conjunction with such contract bid proposal. Records likely to contain trade secrets may also be given to other departmental employees, upon the approval of the records access officer, to the degree necessary for such departmental employees to discharge their duties to the department.

(2) The department or official shall not use the information for any purpose other than evaluating a contract bid submitted to the department except as otherwise specified in the department's procurement of contractual documents or upon approval of the records access officer as set forth in paragraph (1) of this subdivision.

(3) Records containing trade secrets shall be stored in a place reasonably secure from access by unauthorized persons, given the department's operating needs.

(4) The department or official shall instruct all personnel who will have access to the records as to the confidential nature of the records and the requirements of section 87 and 89 of the Public Officers Law.

(c) This section and subsection five of section 89 of the Public Officers Law shall apply to submission of information to the department in connection with a contract bid. Notwithstanding the above, the department, as part of a proposal procedure, may require waiver by the vendor of the provisions of subdivision five of section 89 of the Public Officers Law and the publication of any information submitted by the vendor.

(d) Notwithstanding the above, the department shall have the right to disclose all material submitted by a party awarded a contract in a competitive procurement to the degree such material was reviewed as a material portion of the contractor's submission, upon approval by the State Comptroller of the contract governing the procurement.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 340.11